Mini Kapoor for Law360: Teva Will Increase Reliance On Experts In Patent Cases

03/18/2015

The U.S. Supreme Court’s decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. essentially encourages patent litigators, wanting a deferential standard of review on appeal, to increase their reliance on experts.

Similar to deeds, contracts and tariffs, patents are written instruments whose interpretation is a legal issue for the court to decide. When making a determination on this legal issue in the patent context, the district court considers intrinsic evidence (the patent and its prosecution history). An appeal on this ruling, based on intrinsic evidence, is subject to a de novo standard of review…

With this increased reliance on experts comes increased need for caution when selecting and using experts in a case. Courts often look to experts as leaders who truly understand the often perplexing technology at issue. And more often than not, successful outcome of a patent litigation matter may rise or fall with the expert’s interpretation of a patent term.

Excerpted from Law360. To read the full article, click here (subscription required).

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