If High Court Reverses Teva, Litigation Costs May Increase

October 2014

In recent years, the U.S. Supreme Court has shown an increasing willingness to review and, more often than not, reverse, patent law decisions from the Federal Circuit. As others have observed, the Supreme Court’s growing interest in patent law seems to be motivated by policy concerns about the scope and costs of the patent system. Unfortunately, our analysis suggests that the policy arguments presented to the court in its latest patent law case, Teva Pharmaceuticals USA Inc. v. Sandoz Inc., which was argued Wednesday, October 15, 2014, are off-base.

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