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Be Careful Claiming Trees in the Middle of the Forest—and Be Sure You Win on a Dispositive Issue

USA - April 20 2021 Written description is an issue of fact. To meet the written description requirement, a patent specification must describe the invention sufficiently…

Amanda K. Murphy, Brooke M. Wilner, Melissa C. Santos, Ph.D., Stacy Lewis.

Unexpected Results Should Be Commensurate with the “Full Scope” of the Claims

USA - April 12 2021 In Daikin Indus., Ltd v. Chemours Co. FC, LLC, No. 2020-1616, 2021 WL 717017 (Fed. Cir. Feb. 24, 2021), the Federal Circuit panel of Judges Lourie…

Brooke M. Wilner, Kyu Yun Kim, Stacy Lewis.

Life Sciences Podcast Series - Inventorship

USA - March 31 2021 The Life Sciences industry can be particularly challenging for companies to navigate, often requiring careful navigation through rigorous testing and…

Amanda K. Murphy, Jill K. MacAlpine, Ph.D..

Is It Hindsight or Was It Already There?

USA - March 23 2021 Inherency and obviousness are two well-known and well-recognized U.S. patent law doctrines with fundamental differences. Inherency is a fact issue…

Brooke M. Wilner, Kyu Yun Kim, Melissa C. Santos, Ph.D., Stacy Lewis.

Watch Your Language: The Perils of Patent Profanity - Consideration of Both the U.S. and Europe

European Union, USA - March 5 2021 Word choice can make or break a U.S. patent. This is especially true with regard to the specification and the language used during prosecution of a…

Amanda K. Murphy, K. Victoria Barker, Ph.D., Melissa C. Santos, Ph.D., Stacy Lewis.