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Heightened Negative Limitations Written Description Standard

US Court of Appeals for the Federal Circuit granted a petition for panel rehearing, vacated its prior decision (authored by now-retired Judge O’Malley) and reversed the district court’s finding that the patent was not invalid for inadequate written description. Novartis Pharms. v. Accord Healthcare Inc., Case No. 21-1070 ....

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Federal Circuit Appeals Affirmed Patent & Appeal Board Decision

The US Court of Appeals for the Federal Circuit affirmed Patent Trial & Appeal Board patentability decisions after determining that the Board did not err in construing multiple terms within the challenged patents. ....

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