Tag Archives: claim construction

It would appear axiomatic that a change in the applicable standard of review should make a significant and systematic impact on reversal rates. Empirical evidence validates that hypothesis as a whole: after the Federal Circuit held in 1998 that it would review district court claim constructions in patent cases entirely de novo,[1] the Federal Circuit’s reversal rate on claim construction shot from roughly 20% to over 40%.[2]

Reversal rate graph

Continue Reading Teva v. Sandoz: SCOTUS tells Federal Circuit to raise its standards (of review)