extrinsic vs. intrinsic evidence : CAFC Alert

Presenting Extrinsic Evidence At District Court Does Not Guarantee Review For Clear Error On Appeal

| June 11, 2015

Shire Development et al. v. Watson Pharmaceutical et al.  

June 3, 2015

Before: Prost, Chen and Hughes.  Opinion by Hughes.


In 2014, the CAFC reversed and remanded a district court finding of infringement, due to incorrect claim construction.  Shire appealed to the Supreme Court, which vacated and remanded in view of Teva v. Sandoz.  The CAFC again reached the same conclusion, and found that de novo review is appropriate in this case, since extrinsic factual findings did not “underlie” the district court’s claim construction.  Because the district court claim construction was based only on intrinsic evidence, de novo review was appropriate.

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