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ARTICLE · 22 MARCH 2022

Possession Of An "Effective" Dose

Morrison Foerster
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Update: On March 16, 2022, the U.S. Court of Appeals for the Federal Circuit denied Biogen International's petition for panel rehearing and rehearing en banc...

United StatesIntellectual Property
Kelsey J Roberts Kingman
Kelsey J Roberts Kingman
Bu Yin
Bu Yin
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Update: On March 16, 2022, the U.S. Court of Appeals for the Federal Circuit denied Biogen International's petition for panel rehearing and rehearing en banc, following a November split decision discussed below.

Judges Lourie, Moore, and Newman dissented on the denial of en banc rehearing. Judge O'Malley had dissented from the November panel decision, but retired on March 11, 2022 and only participated in the decision on panel rehearing, not the decision on rehearing en banc.

The dissent indicates that the court remains divided regarding application of the written description requirement to the facts in this case.

When does an applicant have "enough" to file a patent application and be granted a patent?

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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