JD Supra

Federal Circuit: Priority Document that ‘Broadly Outlines’ Possible Structures Fails to Provide Adequate Written Description Support for Subgenus of Linkers in Antibody ...

The Federal Circuit recently held an asserted patent was not entitled to its priority date because the priority application lacked written description support for the asserted claims. In so doing, the ...
JD Supra

Federal Circuit Continues Its Strict Review Of Genus Claims And Reverses Lack Of Written Description Verdict

In Duke University v. Sandoz Inc., No. 2024-1078, __ F.4th __ (Fed. Cir. Nov. 12, 2025), the Federal Circuit reversed a judgment of the United States District Court of Colorado, and held the sole, ...