Resources on Teva and Claim Construction

The Impact of Teva Pharmaceuticals on Patent Claim Construction

When patent owners seek to enforce their rights in court, a critical question is often the scope of the patent. Defining the boundaries of a patent is called patent claim construction and it is central to the operation of the patent system. It guides both infringement and validity analysis. In January 2015, the U.S. Supreme Court issued a major decision clarifying the rules to be followed by federal courts when constructing patent claims. The case is Teva Pharmaceuticals v. Sandoz. BCLT Faculty Director Peter Menell co-authored an amicus brief (with Professor Jonas Anderson, a former BCLT Fellow, and Professor Arti Rai) cited by the Supreme Court. On February 27, 2015, Professor Menell participated in a webinar for federal jurists and their clerks by the Federal Judicial Center (FJC) exploring the background and significance of the Court’s decision. On this page, we collect a series of resources, including the FJC webinar, about the Teva decision.