Tuesday, April 1, 2014

SCOTUS Cert Grant: FRCP 52 and Patent Cases

Yesterday the Supreme Court granted certiorari in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (No. 13-854). Here is the question presented: 

Rule 52(a) of the Federal Rules of Civil Procedure provides that in matters tried to a district court, the court’s “[f]indings of fact ... must not be set aside unless clearly erroneous.”

The question presented is as follows: 

Whether a district court's factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Rule 52(a) requires.

More info available at SCOTUSblog.

 

http://lawprofessors.typepad.com/civpro/2014/04/scotus-cert-grant-frcp-52-and-patent-cases.html

Federal Rules of Civil Procedure, Recent Decisions, Supreme Court Cases | Permalink

Comments

Post a comment