Standard of Review

February 23, 2015

United States Supreme Court Clarifies that Claim Construction can Involve Subsidiary Factual Disputes that are Reviewed on a Clear Error Standard

Teva Pharmaceuticals USA, Inc, et al v Sandoz, Inc, et al, 574 US __ (2015) - United States Supreme Court clarified that claim construction can involve subsidiary factual disputes that are reviewed on a clear error standard, while the ultimate question of claim construction is reviewed de novo.
January 30, 2014

Commissioner’s Decision Upheld on Judicial Review

University of California v Commissioner of Patents [2014 FC 80]   Background The Applicant – University of California – sought judicial review pursuant to s. 18.1 […]