Category Archives: Written Description Requirements (WDR)

Amgen v. Sanofi – Invalidation Without Representation?

The End of the “Newly Characterized Antigen” Rule for Antibody Claims In Amgen, Inc. v. Sanofi, Appeal no. 2017-1480 (Fed. Cir., Oct. 5, 2017) the Fed. Cir. panel reversed the district court’s finding that Amgen antibody patents 8,289,165 and 8859741 … Continue reading

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

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

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Abbvie V. Janssen Biotech –Written Description Requirement Road Map

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

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GlaxoSmithKline v. Banner Pharmacaps – Written Description Requirement 101

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

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