When are written description and enablement requirements of 35 U.S.C. § 112 met, and what is a Petitioner’s burden of showing those requirements are not met in a PTAB proceeding? In Instrumentation Laboratory Co. v. Hemosonics…
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The written description requirement does not extend to equivalents asserted under the doctrine of equivalents, according to a recent order in the District of Delaware. The district judge in Sprint v. Cox resolved dueling summary…
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Providing an example of claimed subject matter lacking written description in a patent specification, the Patent Trial and Appeal Board (PTAB) found selected claims of two patents invalid under 35 U.S.C § 112, ¶1, in parallel Co…
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Claims included in an original patent application are part of the written description, which is why the Federal Circuit reversed a summary judgment that claims of U.S. Patent No. 6,947,882 were invalid for lack of written descript…
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