The original Federal Circuit decision in Novartis Pharms. Corp. v. Accord Healthcare, Inc. was on the list of "written description" cases I covered in several conference programs this spring.
A need for a negative claim limitation often does not arise until the application is undergoing prosecution. For example, an unexpected prior art publication may be cited that requires an element the invention does not.
The original Federal Circuit decision in Novartis Pharms. Corp. v. Accord Healthcare, Inc. was on the list of “written description” cases I covered in several conference programs this.
In Omni Medsci, Inc. v. Apple Inc.,the U.S. Courtof Appeals for the Federal Circuit issued an opinion highlighting the importance of clear and unambiguous language in contractual provisions.