To save me a lot of typing, please read my post of January 10, 2022, summarizing the first Panel’s holding in Novartis Pharmaceutical v Accord Healthcare, Inc., 21 F.4th 1362 (Fed. Cir., 2022). The panel in that decision was Judges Moore, O’Malley and Linn, with Moore dissenting. A brief summary of the holding was that the majority of the panel found that a negative limitation that was disclosed only by implication in the specification satisfied the written description requirement. A slightly different Panel, consisting of Judges Moore, Linn and Hughes granted rehearing. The panel split, with Moore writing for the majority and Linn dissenting.
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Certified Licensing Professionals, Inc., 2021 Disclaimer
This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.
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