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Brian Pandya Discusses Upcoming Supreme Court Arguments in Teva v. Sandoz
Brian H. Pandya, a partner in Wiley Rein’s Intellectual Property and Litigation practices, was quoted by Law360 in an October 10 article about an important patent case that will be argued today before the Supreme Court of the United States.
The case, Teva Pharmaceuticals USA Inc. et al. v. Sandoz Inc. et al., could reshape patent litigation by requiring the Federal Circuit to give deference to district court claim construction rulings, according to the article. Mr. Pandya said such a requirement could make it more difficult to get patent decisions reversed on appeal.
If the Supreme Court rules that factual findings are entitled to deference, patent litigants will be more likely to try to present claim construction issues as factual—including through more reliance on expert testimony—in order to make the decisions more difficult to overturn, Mr. Pandya said.
“If an issue is framed as a question of fact, it could insulate claim construction from more exacting appellate review,” he said.