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Written Descriptions Appeals CAFC

Bradley Arant Boult Cummings LLP

The Federal Circuit Calls for a Replay Allowing Sonos Another Opportunity at Google

The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more

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

An Examiner’s Allowance Does Not Create an “Especially Weighty” Presumption of Written-Description Support

Knobbe Martens on

MONDIS TECHNOLOGY LTD., HITACHI MAXELL, LTD., NKA MAXELL HOLDINGS, LTD., MAXELL, LTD.  v.  LG ELECTRONICS INC., LG ELECTRONICS USA, INC. - Before Taranto, Clevenger, and Hughes.  Appeal from the United States District Court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Mondis Tech. Ltd. v. LG Electronics Inc.

Mondis Tech. Ltd. v. LG Electronics Inc., Appeal Nos. 2023-2117, -2116 (Fed. Cir. Aug. 8, 2025) Our Case of the Week focuses on the written description requirement, and, in particular, how that requirement is considered...more

Morgan Lewis

Federal Circuit Applies Prosecution History Estoppel Based on Claim Cancellation

Morgan Lewis on

The US Court of Appeals for the Federal Circuit recently held that cancellation of a claim during prosecution may give rise to prosecution history estoppel, precluding the patentee from recapturing the surrendered subject...more

Haug Partners LLP

In CRISPR Patent Dispute, the Federal Circuit Clarifies the Conception and Written Description Standards

Haug Partners LLP on

On May 12, 2025, the Federal Circuit issued a decision in Regents of the Univ. of California v. Broad Inst., Inc.1 concerning the ongoing priority dispute relating to competing inventor groups for the CRISPR-Cas9 eukaryotic...more

MoFo Life Sciences

A Tip for Improving Your “Improved” Jepson Claim: Include Written Description Support

MoFo Life Sciences on

The Federal Circuit issued a precedential opinion in In re: Xencor, Inc.concerning written support for Jepson claims. The decision affirms the decision of the Appeals Review Panel (ARP) of the USPTO, which held that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Regents of the University of California v. Broad Institute, Inc. (Fed. Cir. 2025) - Update

Only a few days after the one-year anniversary of hearing oral argument, the Federal Circuit handed down its decision in Regents of the University of California v. Broad Institute, Inc. on Monday. The opinion reviewed the...more

Goodwin

The Court of Appeals for the Federal Circuit’s In Re Riggs Decision: 35 USC 102(e) Prior Art Requires Written Description Support...

Goodwin on

On March 24, 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision titled In Re: Riggs (the Riggs decision) that vacated a decision of the Patent Trial and Appeal Board (PTAB) of the US...more

A&O Shearman

Federal Circuit Clarifies Requirements For A Prior Art Reference’s Entitlement To The Filing Date Of A Provisional Application To...

A&O Shearman on

On March 24, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding a decision of the U.S. Patent Trial and Appeal Board (the “Board”) that a published patent application...more

International Lawyers Network

Can Design Patents Be Limiting in Enforcement?

Suppose that you have an invention disclosure for a design of an article that you want to protect?  When you review the invention disclosure, you notice that the design is ornamental, for example a pattern, on an article such...more

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