Tag Archives: Written Description Requirements

Biogen v. Mylan: When Does a Specification Fail to Describe a Newly-Presented Claim?

The disclosure requirements that will meet the written description requirement of s. 112(1) had a fairly mundane priority policing role prior to the expansion of the importance of the requirement in the biotech cases leading up to the en banc … Continue reading

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Nalproprion v. Actavis: WDR met by Substantially Equivalent Claim Elements(?)

In Nalproprion v Actavis, App. No. 2018-1221 (Fed. Cir., August 15, 2019) a divided panel of Judges Prost, Lourie and Wallach – Prost dissenting – affirmed the district court’s ruling that claim 11 of U.S. Pat. No. 8,916,195 met the … Continue reading

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PTO Releases Revised Guidance on Compliance with Mayo/Alice Rule

On April 19, the USPTO released a Memorandum from Robert Bahr, The Deputy Commissioner for Patent Examination Policy, that summarized the support required for a finding if a claim directed to a judicial exception to s. 101 eligibility under Step … Continue reading

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