By Kevin E. Noonan — One of the characteristics of patent infringement litigation in the aftermath of the Supreme Court’s decision in Markman v. Westview Instruments, Inc. (holding that claim construction was a matter of law to be reviewed de novo by the Federal Circuit; but see Teva Pharma. USA, Inc. v. Sandoz, Inc.) was that an inordinate proportion of claim construction decisions were overturned in whole or part. Those proclivities have been attenuated in the years following the Cybor v. FAS Technologies* opinion, but the Court’s recent decision in Malvern Panalytical Inc. v. TA Instruments-Waters LLC is reminiscent of…
