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56 IDEA 1 (2016)

handle is hein.journals/idea56 and id is 1 raw text is: 





       RECENT SUPREME COURT CASES MAY
 REQUIRE MORE DEFERENCE IN REVIEW OF
                          OBVIOUSNESS CASES


                                     NIKA ALDRICH1


                    CONTENTS
Introdu ction  .............................................................................. . .  1
I.  Teva Requires Greater Deference to a Judge's Fact
Findings Regarding Claim Construction ......................... 3
II. Hana Financial Requires Juries to Decide Tacking,
Even Though it is a Mixed Question of Fact and Law ....... 4
III.  Appellate Review of Mixed Questions of Fact and
L aw  .......................................................................................... . .   6
IV.   After Teva and Hana Financial, Appellate Review
of Obviousness May Require More Deference ........... 14
V. Other Supreme Court Cases Favor Granting Greater
Deference to Fact Finders ..................................................  20
VI.   Obviousness May be More Appropriately
Designated a Question of Fact Than One of Law ........ 23
V II. Conclusion ..................................................................  29

INTRODUCTION

      In two recent decisions, the Supreme Court required
that appellate courts give greater deference to district courts

1 Nika Aldrich is an attorney at Schwabe, Williamson & Wyatt, P.C.
in Portland, Oregon. His practice focuses on patent litigation and
other intellectual property disputes.


Volume 56- Number 1

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