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ARTICLE · 19 OCTOBER 2018

What Are The Top Hatch-Waxman And BPCIA Developments For September 2018?

Morrison Foerster
Morrison Foerster
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This month we highlight the possibility that the Supreme Court will consider the standard for adequacy of written description and a Federal Circuit exposition on the relationship between "blocking patents" and objective indicia of nonobviousness.

United StatesIntellectual Property
David A. Manspeizer
David A. Manspeizer
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This month we highlight the possibility that the Supreme Court will consider the standard for adequacy of written description and a Federal Circuit exposition on the relationship between "blocking patents" and objective indicia of nonobviousness.

CASES

Supreme Court

Written Description at the Supreme Court?

Amgen, Inc. v. Sanofi (cert. petition)

On September 18, the Supreme Court requested a brief responding to Amgen's cert. petition. The question presented by Amgen is: "Whether the standard for determining the adequacy of the "written description of the invention" should be as the statute says—that the description must be "in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains . . . to make and use the same" — or whether court-created standards should control instead."

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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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