Category Archives: Written description

Board written description decision vacated as conflicting with Ariad (predictability relevant to WD analysis)

In re: Global IP Holdings, LLC Docket Nos. 2018-1426 Moore, Reyna, Stoll July 5, 2019 Brief Summary: Board decision affirming rejection of broadening reissue claims for lacking written description vacated and remanded (e.g., Board’s statement “that the ‘233 patent’s specification … Continue reading

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Federal Circuit invalidates reissue patent invalid for lack of written description (WD)

Forum US, Inc. v. Flow Valve, LLC et al. (FC Docket No. 2018-1765; June 17, 2019) ~ Forum filed DJ action, DC granted SJ to Forum for lack of WD, FV appealed ~ U.S. 8,215,213 relates “to supporting assemblies” (“arbors”) … Continue reading

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Federal Circuit reverses DC and finds Horizon’s ‘907 and ‘285 Vimovo® Orange Book patents invalid for lack of written description

Nuvo Pharmaceuticals, Horizon Medicines LLC v. Dr. Reddy’s Labs. et al. Docket No. 2017-2473, -2481, -2484, -2486, -2489, -2491-93 PROST, CLEVENGER, WALLACH May 15, 2019 Brief summary: DC reversed as FC panel found found Nuvo/Horizon’s ‘907 and ‘285 claims to … Continue reading

Posted in Generics / ANDA, Inherency, Written description | Leave a comment

Amgen Inc. et al. v. Sanofi, Regeneron et al. (Feb. 25, 2019 Update)

Docket No. 2017-1480 PROST, TARANTO, HUGHES October 5, 2017 Update (Feb. 25, 2019): DC jury verdict (Case No. 1:14-cv-01317-RGA) found ‘165 claims 7 and 15 (“binds to at least D238” or “V380”, respectively) enabled but lacking written description; ‘165 claims … Continue reading

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Centrak, Inc. v. Sonitor Technologies, Inc.

Docket No. 2017-2510 REYNA, TARANTO, CHEN February 14, 2019 Brief summary: DC grant of SJ for invalidity for lack of WD and non-infringement reversed and remanded (e.g., “a reasonable jury could find that…Sonitor personnel complete at least a portion of … Continue reading

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Concert Pharm., Inc. v. Incyte Corp.

Post-Grant Review PGR2017-00034 (U.S. Pat. No. 9,662,335 B2) Decision not to institute PGR January 11, 2019 Brief summary: Concert’s Petition to institute PGR of Incyte’s US 9,662,335 B2 regarding deuterated ruxolitinib was denied. Summary: Concert filed a Petition to institute … Continue reading

Posted in Anticipation (35 USC 102), Enablement, Post-grant review, Priority, Written description | Leave a comment

In Re: David Tropp

Docket No. 2017-2503 PROST, CLEVENGER, MOORE December 12, 2018 Non-precedential Brief summary: Board decision affirming the examiner’s rejection of claims for lacking a sufficient written description under § 112 vacated and remanded because the Board did discuss in its opinion … Continue reading

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