Teva and Sandoz court case Study Example | Topics and Well Written Essays - 1000 words

Teva and Sandoz court - Case Study Exampleeral Rule of Civil modus operandi 52 (a) (6), the Court of appeals must not..set aside a district courts findings of fact unless that be clearly erroneous. In the case of Anderson v. Bessemer City, 470 U.S 564, 574, the case does not make any excommunications or exclude any category of facts from the appeals obligation. The rule is applic equal to(p) to both ultimate and subsidiary facts and thus district court academic term without a jury should not decide existent issues de novo. In the case of Markman V. Westview Instruments Inc, 517 U.S 370, the court held that the ultimate promontory of claim construction is for the judge and not the jury and thus it did not set up an exception from the ordinary rule on appellate review of factual matters. The clear error is thus crucial as the district court that has listened to the case has a better opportunity to gain familiarity with the scientific principles or problems.Sandoz argued that se parating factual from legal questions may be difficult and thus it was simpler for the appellate court to review the replete(p) district courts claim construction de novo that apply the two separate standards. However, the courts have been able to separate the factual from legal matters as evidenced in the case of Options of Chicago Inc v Kaplan, 514 U.S 938.The self-governing Court in a 7-2 majority held when reviewing Districts Court resolution of subsidiary factual matters made in the course of construction of the patent claim, the Federal Circuit must apply a clear error and not the de novo standard of review. Justice Stephen Breyer outlined that Federal Rule of Civil function 52 (a) (6) established the clear erroneous standard without any exceptions and thus it was not necessary to bring to pass an exception to the standard in the case. The court pointed that construction of patent claim is a factual conclusion and thus must be guided by well-established standards. Accordi ng to the judgment, an appellate court