Earlier this month, in Novartis Pharms. Corp., Inc. v. Accord Healthcare, Inc., et al., No. 2021-1070, the Federal Circuit issued a helpful decision concerning the not-often-discussed written ...
The Federal Circuit recently reversed a district court decision that found a patent that did not describe after-arising technology failed to satisfy the written description requirement. In so doing, ...
“One would think that a topic as fundamental, well-established, and frankly simplistic as the written description requirement would not present any difficulty for supposed learned judges of the ...
“The Federal Circuit’s approach contravenes the plain statutory text and is erasing vast swaths of patents for failing to satisfy a disclosure standard found nowhere in the statute.” – Juno SCOTUS ...
The court held that the “reference in the specification to a deposit in a public depository, which makes its contents accessible to the public when it is not otherwise available in written form, ...