Category Archives: Written Description Requirements (WDR)

UCB v. Yeda R&D Co. – No “Safe Harbor” for Unamended Claims

Posted on September 20, 2016 by Warren Woessner

UCB sued Yeda for a DJ of non-infringement of US Patent No. 6,090,923 [Appeal No. 2015-1957 (Fed. Cir. September 8, 2016)].The main claim in question was directed to “A monoclonal antibody which specifically binds a human cytotoxin [having X properties].” … Continue reading →

Abbvie V. Janssen Biotech –Written Description Requirement Road Map

Posted on July 7, 2014 by Warren Woessner

The recent decision in Abbvie Deutschland v. Janssen Biotech and Centorcor Biologics, App. No. 2013-1338, -1346 (Fed. Cir. , July 1, 2014) deserves more attention than it has received. (A copy of the decision is available at the end of … Continue reading →

Posted in Written Description Requirements (WDR) | Tagged Abbvie, biotechnology, biotechnology law, Federal Circuit, intellectual property, ip, Janssen Biotech, Patent Law, patents, Warren Woessner | 1 Comment

GlaxoSmithKline v. Banner Pharmacaps – Written Description Requirement 101

Posted on March 3, 2014 by Warren Woessner

In a short opinion dated February 24, 2014 (App. Nos. 2013-1593, -94, -95, -98), a Fed. Cir. panel made short work of the defendants’ attempt to invalidate a Glaxo claim in U.S. Pat. No. 5,565,467, to dutasteride “or a pharmaceutically … Continue reading →

Posted in Written Description Requirements (WDR) | Tagged Banner Pharmacaps, biotechnology, dutasteride, Federal Circuit, Glaxo, intellectual property, Patent Law, Warren Woessner | Leave a comment

Sanofi-Aventis v. Pfizer – Possession and Appreciation Trump Structure

Posted on November 6, 2013 by Warren Woessner

On Tuesday, the Fed. Cir. affirmed a finding by the Board that Pfizer was entitled to an earlier priority date for a claim to cDNA encoding the IL-13 receptor protein (Sanofi-Aventis v. Pfizer, Inc., App. No. 2012-1345 (Fed. Cir. November … Continue reading →