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Re-Evaluating Claim Construction and Markman Strategies in Wake of Teva v. Sandoz

Paul S. Tully, Ph.D.October 1, 20159:00 am - 10:00 am

MBHB partner Dr. Paul Tully is a featured presenter at the American Conference Institute’s Paragraph IV Disputes Master Symposium set for September 30-October 1, 2015 in Chicago.


Details for Dr. Tully’s presentation are as follows:


Thursday, October 1 – 9:00-10:00 a.m. CT


Re-Evaluating Claim Construction and Markman Strategies in Wake of Teva v. Sandoz


On January 20, 2015, the Supreme Court issued its iconoclast decision in Teva v, Sandoz, which established a new standard of review for claim construction. In this case which arose from an obscure issue concerning molecular weight in a Paragraph IV scenario, the Court held that a deferential standard of review should be applied to findings of fact in a claim construction matter. The Court also held that the de novo standard still applied to all other components of claim construction that were of a non-factual nature.


In this session our panelists will discuss how this case has impacted claim construction and Markman strategies in Paragraph IV Disputes.




  • Analysis of Teva and the Court’s ruling with respect to de novo review vs. deferential review


  • Reassessing claim drafting in view of the Teva decision – clarity of claims in view of written description and enablement requirements


  • Predicting how the Court’s decision will impact Markman strategies in Paragraph IV challenges


  • Re-evaluating the use of witnesses in a Markman hearing in view of Teva

About American Conference Institute

American Conference Institute is devoted to providing the business intelligence that senior decision-makers need to respond to challenges both here in the US, and around the world. Staffed by industry specialists, lawyers and other professionals, American Conference Institute operates as a think tank, monitoring trends and developments in all major industry sectors, the law, and public policy, with a view to providing information on the leading edge.


View complete details here