News & Analysis as of

Prior Art Enablement Inquiries Life Sciences

McDermott Will & Emery

CRISPR Clarity: Enablement Is Analyzed Differently Under §§ 102 and 112

McDermott Will & Emery on

In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was...more

McDermott Will & Emery

Incomplete Hybridization: Lack of Enablement Found Where Claims Encompass Thousands of Possibilities

McDermott Will & Emery on

Finding that the number of possible embodiments that could fit within the limitations of the asserted claims numbered in the “tens of thousands,” the US Court of Appeals for the Federal Circuit held that the claims were not...more

Foley & Lardner LLP

Attacking Patents on Written Description & Enablement Grounds in Inter Partes Review

Foley & Lardner LLP on

Although Inter Partes Review (IPR) is limited to grounds of unpatentability based upon prior art references, it is nevertheless possible to raise issues of written description or enablement by applying intervening prior art...more

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