papadedavid-Here is the deal. The case will be appealed to the federal circuit. It takes 14 months to hear an appeal and several more to decide them. Unfortunately for PTSC the recent Supreme Court decision in January in the Teva Vs. Sandoz case has resulted in the legal precedent that federal appeals courts will no longer review district court decisions "de novo" (as if new) but will instead defer to the district court decisions on the facts and will only change the district court judges ruling if there is "clear error". The clear error standard is very high and I think since the district courts ruling was well reasoned it will not meet that standard. Below is a noted litigators opinion on how hard it will no be to over turn a district courts markman ruling:
James Ryndak, Hinshaw & Culbertson LLP
“The Supreme Court's Teva decision will have a dramatic, wide-ranging and long-lasting impact on U.S. patent litigation. Claim construction will become more of a fact-based battle of experts, in which the meaning of claim words and phrases are contested as issues of fact. Winning the issue at the trial court level will take on added importance, as overturning a district court on claim construction as to factual issues will require meeting the ‘clearly erroneous’ standard. And the court's decision makes clear that all factual issues are subject to that ‘clearly erroneous’ standard, whether merely subsidiary or for an ultimate issue. Patent litigation will likely become even more complicated as the courts struggle with the fact/law dichotomy raised by the Supreme Court today.”
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