Friday, October 24, 2014 2:00:45 PM
""So far, the Court has granted certiorari in two cases that will soon be heard at oral argument. The first is a patent case — Teva Pharmaceuticals USA v. Sandoz (No. 13-854) — scheduled for argument on October 15. In Teva, the Court will consider an issue long-debated in the patent community: whether the Federal Circuit should defer to the district court’s findings of fact regarding patent claim construction and abandon its current practice of de novo review.
The outcome of this case could have broad implications for the conduct of all future patent litigation, given the critical nature of claim construction to infringement and invalidity analyses.""
Every patent case will try and delay until the Supreme Court decision is released in about 6 months
If we get new Claims Construction by the appeals court, we can still win based on the new claims construction being similar to the old construction that we have already won. .
If the supreme court rules that the old construction by the lower court judges are of value, are chances of winning are almost 100%
Either way, we have a very strong hand. A strong win could also give us willfulness equal to treble damages. What is a strong win??
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