News & Analysis as of

Section 112 Patent Validity Patent Litigation

MoFo Life Sciences

Blaze Marks and Written Description: Patent Drafting Lessons from Duke v. Sandoz

MoFo Life Sciences on

On November 18, 2025, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a precedential decision in Duke University, Allergan Sales, LLC v. Sandoz Inc., holding claim 30 of U.S. Patent No. 9,579,270...more

White & Case LLP

The Federal Circuit Reinforces Stringent Written Description Requirement

White & Case LLP on

On November 18, 2025, in Duke University v. Sandoz Inc. (No. 24-1078), the U.S. Court of Appeals for the Federal Circuit reversed a District of Colorado judgment and overturned $39 million of damages awarded by a jury,...more

Sheppard Mullin Richter & Hampton LLP

Claim Construction: Indefinite or Clerical Error?

This Federal Circuit opinion analyzes the “very demanding standard” of judicial correction of erroneous wording of a patent claim. Background - Canatex Completion Solutions owns U.S. Patent No. 10,794,122. This patent...more

A&O Shearman

Federal Circuit Grapples With Standard For Judicial Correction Of Patent Claim Language

A&O Shearman on

On November 12, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the claim construction decision of the U.S. District Court for the Southern District of Texas that invalidated for...more

American Conference Institute (ACI)

[Event] 8th Annual Summit on Life Sciences IP Due Diligence - December 3rd - 4th, Boston, MA

Attend ACI's 8th Annual Summit on Life Sciences IP Due Diligence, and join IP counsel from across the life sciences industry to benchmark your diligence strategies, strengthen portfolio valuation approaches, and stay ahead of...more

BakerHostetler

Federal Circuit Confirms that Enablement of an Anticipatory Prior Art Reference Is Distinct from Enablement Under Section 112

BakerHostetler on

In Agilent Techs., Inc. v. Synthego Corp., the Federal Circuit addressed the difference between the enablement standard for an anticipatory prior art reference (under 35 U.S.C. § 102) and that for an applicant/patentee’s own...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

American Conference Institute (ACI)

[Event] 18th Annual Paragraph IV Disputes - April 19th - 20th, New York, NY

Hosted by ACI, 18th Annual Paragraph IV Disputes Conference returns to New York City for another exciting year with curated programming that not only addresses the hot topics, but also puts them within the context of pre-suit...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2021 #2

Rain Computing, Inc. v. Samsung Electronics America, Inc., Appeal Nos. 2020-1646, -1656 (Fed. Cir. Mar. 2, 2021) - Our Case of the Week focuses on the issue of indefiniteness, and particularly, terms that are construed as...more

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

PTAB Strategies and Insights - May 2019: Court's Infringement Indefiniteness Does Not Dictate Validity Indefiniteness at PTAB

In IPR2018-00272, the Board denied a motion to terminate brought by a Patent Owner who argued that a district court’s finding of indefiniteness required termination of the PTAB proceedings for U.S. Patent. 9,393,208....more

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