Ascertaining the differences between prior art and claims at issue requires interpreting the claim language and considering both the invention and the prior art references as a whole. The Supreme Court emphasized “the need...more
Recent case law highlights enablement and written description challenges for genus claims. Given the challenges of enforcing genus claims, the doctrine of equivalents (DOE) may become a more important tool for patentees when...more
When does an applicant have “enough” to file a patent application and be granted a patent?
That question continues to dog applicants in the biopharmaceutical industry, particularly in view of recent Federal Circuit...more