How Teva v. Sandoz Shifts Power To District Courts

Barnes & Thornburg attorney Felicia Boyd, in an article appearing in Intellectual Property Magazine, discusses the Supreme Court’s recent Teva v. Sandoz decision. She explains how this decision did and did not change the standard of review that is to be applied by the Court of Appeals for the Federal Circuit, in what sense it takes away the “second bite of the apple” that previously was available from the Federal Circuit, and why it shifts the focus of many claims-construction issues to the district court.