David Elkins

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Again Reversing the Federal Circuit, The Supreme Court Vests District Courts With Deference For Claim Construction

Teva Pharm. USA, Inc. v. Sandoz, Inc., U.S., No. 13-854, 1/20/15 Continuing its string of decisions reversing Federal Circuit precedent, today the Supreme Court rejected the Federal Circuit’s de novo standard for reviewing district court claim construction rulings. Rather, in view of the subsidiary fact findings that are typically integral to the claim construction process, … Continue Reading

The Supreme Court Gives Juice to Lanham Act Claims

The Supreme Court’s unanimous opinion in POM Wonderful LLC v. Coca-Cola Co. (Dkt. No. 12-761) (June 12, 2014) highlights the key role of Lanham Act false advertising claims in protecting consumers from misleading advertising and labeling. Reasoning that competitors often are in a better position than regulators to identify false advertising and other unfair competition, … Continue Reading