Federal Circuit On Rehearing Vacates Prior Decision Holding That Patent Claim With Negative Limitation Did Not Lack Written Description
On June 21, 2022, the Court of Appeals for the Federal Circuit (CAFC) granted a request for rehearing, vacated its prior decision, and reversed the district court’s decision that the patent claim was not invalid for inadequate written description. Novartis Pharmaceuticals v. Accord Healthcare Inc., No. 2021-1070 (Fed. Cir. June 21, 2022).
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).