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March 29th, 2011
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 an application must contain not only claims that define the ...
October 2nd, 2010
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 case highlights written description requirement issues that are relevant outside ...