On January 11, 2024, Kilpatrick Partner April Isaacson and Counsel Yifan Mao presented “Navigating Litigation Under the Biologics Price Competition and Innovation Act (BPCIA)” to entrepreneurs in the Chinese life science...more
On December 8, Partner Nena Bains and Counsel Yifan Mao presented “Best Practices in Patent Drafting: Addressing 112 and Enablement After Amgen” at the 24th Annual Berkeley-Stanford Advanced Patent Law Institute organized by...more
Novartis and Accord Healthcare, Inc. are embroiled in a patent infringement suit concerning Novartis’ blockbuster multiple sclerosis drug Gilenya. Our previous articles Sound of Silence: Claiming Negative Limitations, and...more
United States courts have recently tightened the written description requirements for antibody claims. The scope of issued claims is now often limited to antibodies with specific sequences of the CDR and the heavy chain and...more
To satisfy the written description requirement under 35 U.S.C. 112, a patent specification must describe the claimed invention in such sufficient detail that a person of skilled in the art (POSA) can reasonably conclude that...more
The specification shall contain a written description of the invention. To meet the written description requirement, the applicant must convey with reasonable clarity to those skilled in the art that, as of the filing date...more
On August 16, 2021, the Federal Circuit handed down two rulings related to patents issued to Teva, which involve therapeutic antibodies targeting a calcitonin gene-related peptide (“CGRP”). In both cases, the Federal Circuit...more
37 C.F.R. § 42.71(a) provides that “The Board…may grant, deny, or dismiss any petition or motion” but does not provide other specifics. The Board therefore has broad discretion in considering requests to withdraw...more
In Re Stepan Company , No. 2016-1811 (Fed. Cir. Aug. 25, 2017) -
The Federal Circuit vacated a Patent Trial and Appeal Board’s obviousness decision for failing to adequately articulate its reasoning. The Stepan Company...more