Describing "Everything, Everywhere, All At Once" For Genus Claims?

Key Takeaways

• The Supreme Court's recent denial of rehearing in Juno leaves in place the Federal Circuit's language for full scope written description, along with the question of how much detail needs to be provided for a genus claim to satisfy this requirement.
• What "full scope" means for written description of genus claims is uncertain, and while Juno does not require one to describe everything, it makes clear that one should avoid disclosing too little or nothing.
• Because written description and enablement can rise and fall together, the Supreme Court's grant of certiorari in Amgen v. Sanofi may provide additional guidance.

The case of Juno Therapeutics, Inc. v. Kite Pharma, Inc.¹ has captured the attention of the legal community and beyond, as it delves into the complex world of written description in patent law. The Supreme Court recently made a significant decision in Juno by denying certiorari on appeal from the Federal Circuit. On January 9,