Category Archives: Written Description Requirements (WDR)

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

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

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Synthes v. Spinal Kinetics – When “Structure” is Not Enough

  A guest post from Domenico Ippolito of Schwegman Lundberg & Woessner, P.A. Synthes USA, LLC v. Spinal Kinetics, Inc., 2013-1047, -1059, (Fed.Cir. Oct 29, 2013) concerns a medical device patent, but addresses issues common to all patents.  The primary … Continue reading

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Novozymes Loses “Possession” Of Its Enzyme

I am not sure how I missed this decision, which came down on July 22nd, but it offers a rather scary hi-def picture as to where the written description requirement of s. 112 has been and where it is headed. … Continue reading

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