Topic Archives: written description requirement

Centocor v. Abbott Labs: Enforcing the Written Description Requirement in the Unpredictable Arts

In the recent Centocor Ortho Biotech, Inc. v. Abbott Laboratories (PDF), the Federal Circuit found that Defendant Abbott was not liable for patent infringement, on the basis of written description insufficiency. The Federal Circuit emphasized the patent statute’s requirement that … Continue reading

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Goeddel v. Sugano – Disclosure that Allows a PHOSITA to “Envision” an Invention Fails the Written Description Requirement

The recent decision in Goeddel v. Sugano concerns an appeal from an interference proceeding.  Although these types of cases may be a “dying breed” if patent reform goes through (as discussed in this PLI Patent Law Practice Center post), this … Continue reading

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