Wednesday, October 15, 2014

Teva v. Sandoz: alternative universe

Much is being written about Teva v. Sandoz in the context of de novo review.
The actual case at the CAFC was about indefiniteness of the meaning of
molecular weight, in part because the term was not defined in the specification.

Had the initial examiner raised, and persisted in, a rejection based on
indefiniteness, one would likely have obtained a result as in the recent Tay case.
Broadest reasonable interpretation indicates all reasonable meanings of
molecular weight are included. Teva loses.

Instead we are at the Supreme Court discussing de novo review and deference
to a district court which relied upon an expert opinion as a fact.

See also previous Ipbiz post on Cookie Cockatoo.


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