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Substantial Evidence Standard Written Descriptions

McDermott Will & Schulte

Specification controls: Written description must be clear

The US Court of Appeals for the Federal Circuit reversed a district court’s decision upholding patent validity, finding that the subject patent’s specification clearly established that the written description failed to...more

Knobbe Martens

A Claimed Method Fails to Satisfy Written Description If It Is Not Described as a Whole

Knobbe Martens on

QUAKE v. LO - Before Reyna, Chen, and Hughes. Appeal from the Patent Trial and Appeal Board (“PTAB”). Summary: A claimed method must be expressly described as a whole in order to satisfy the written description...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more

McDermott Will & Emery

Written Description Standard for Negative Claim Limitations - Inphi Corp. v. Netlist, Inc.

McDermott Will & Emery on

Do negative claim limitations need to adhere to a heightened written description standard? That was the question the U.S. Court of Appeals for the Federal Circuit addressed in an appeal from a inter partes reexamination,...more

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