Summary: CAFC rules on issues written description under 35. U.S.C. § 112.

Case: Glaxosmithkline LLC v. Banner Pharmacaps, Inc., No. 13-1593 (Fed. Cir. Feb. 24, 2014) (precedential). On appeal from D. Del. Before O’Malley, Wallach, andTaranto.

Procedural Posture: Defendants appealed the judgment finding the patent-in-suit valid. CAFC affirmed.

  • Section 112 Issues (Written Description): The term at issue, “solvate,” was described in the patent as a structure produced by a certain process. The claim was no broader in scope than the written description and the term at issue is not functional. The claim term was not asserting coverage of yet-unidentified ways of achieving a desired result.