Federal Circuit Describes Written Description Requirement For Negative Claim Limitations
On January 3, 2022, the Court of Appeals for the Federal Circuit (CAFC) affirmed the district court’s finding that a patent claim does not fail the written description requirement merely because the specification fails to explicitly state a negative claim limitation. Novartis Pharmaceuticals v. Accord Healthcare Inc., No. 2021-1070 (Fed. Cir. Jan. 3, 2022).