Dow Tells High Court Patent Definiteness Findings Require Review Under Teva

(May 12, 2016, 1:48 PM EDT) -- WASHINGTON, D.C. — A jury’s findings of fact subsidiary to the issue of patent definiteness require appellate review under the reasoning of Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (135 S.Ct. 831 [2105]), Dow Chemical Co. argues in a reply brief filed May 2 with the U.S. Supreme Court in a petition asking whether appellate courts should review district courts’ factual findings on whether patent claims are vague only for clear errors or if they should conduct their own analyses instead (Dow Chemical Co. v. NOVA...
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