News & Analysis as of

Patent Prosecution History Patent Invalidity

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Haug Partners LLP

AztraZeneca AB v. Mylan Pharms. Inc.: Claim Construction of a Percentage Term Guided by the Written Description and Prosecution...

Haug Partners LLP on

On December 8, 2021, the Federal Circuit in AztraZeneca AB v. Mylan Pharms. Inc. held that the claim construction of a percentage term should “‘most naturally align[] with the patent’s description of the invention,’ as...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Prosecution History Context Defeats Written Description Requirement

The District Court for the Northern District of West Virginia recently found method of treatment claims directed to treating a specific disease at a specific dose invalid for lack of written description based on the context...more

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