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ARTICLE · 12 SEPTEMBER 2025

Allowed Claim Amendments Do Not Ensure Written Description Support

Lerner David Littenberg Krumholz & Mentlik, LLP
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In Mondis Technology Ltd. et al. v. LG Electronics Inc. et al., Nos. 2023-2117, 2023-2116 (Fed. Cir. Aug. 8, 2025), the Federal Circuit held that there is no presumption that claim amendments made during prosecution that result in allowance are supported by adequate written description.

United StatesIntellectual Property
Melanie A. Chernoff
Melanie A. Chernoff
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In Mondis Technology Ltd. et al. v. LG Electronics Inc. et al., Nos. 2023-2117, 2023-2116 (Fed. Cir. Aug. 8, 2025), the Federal Circuit held that there is no presumption that claim amendments made during prosecution that result in allowance are supported by adequate written description. More specifically, an "examiner's allowance of the claims [does not] by itself provide[] substantial evidence that the claims comply with the requirements of § 112."

Mondis sued LG, alleging infringement of patents related to controlling a display that can receive video signals from an external source, such as a computer. The computer can request control of the display by transmitting an ID number, which is subsequently compared to a number stored by the display unit. If there is a match, the computer can control the display. LG challenged the validity of the claims, asserting that features added to the claims during prosecution lack adequate written description. The district court

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