Tuesday, May 26, 2015

Teva Does Not Require Reinstatement of District Court’s Claim Construction Reversed on Appeal

The court denied defendant's motion to reopen the judgment and rejected its argument that Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 135 S.Ct. 831 (2015), invalidated the Federal Circuit's claim construction in a prior appeal in this action. "[Defendant] argues that under Teva’s new approach, the claim construction of 'lodging the member' issued by the Federal Circuit on appeal is not valid, but rather the construction previously issued by this Court should be reinstated. [Defendant] argues that this Court engaged in fact-finding to arrive at its construction and the Federal Circuit therefore should have honored that construction unless it found clear error in this Court’s fact-finding. . . . Nothing in Teva suggests that the Federal Circuit must review immaterial or improper fact-finding under a clear error standard. Rather it appears rather clearly that such fact-finding is to be disregarded and a de novo standard applied."

Smith & Nephew Incorporated, et al v. Arthrex, Incorporated, 3-04-cv-00029 (ORD May 19, 2015, Order) (Mosman, J.)

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