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In a rare action by the Supreme Court of the United States, Chief Justice Roberts granted Novartis's emergency request for a stay of a mandate from the US Court of Appeals...
US Court of Appeals for the Federal Circuit granted a petition for panel rehearing, vacated its prior decision (authored by now-retired Judge O’Malley) and reversed the district court’s finding that the patent was not invalid for inadequate written description. Novartis Pharms. v. Accord Healthcare Inc., Case No. 21-1070
Patent claim limitations that are negative can pose a dilemma in written descriptions. How much of the specification should be devoted to something that is not supposed to be part of the claim? The Federal Circuit answers in Novartis Pharmaceuticals v. Accord Healthcare Inc.
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for...