Indivior UK Ltd. v. Dr. Reddy’s Laboratories S.A.
A disclosure of discrete values does not provide written description support for claimed ranges, a skilled artisan must be able to reasonably discern a disclosure of that range.
A disclosure of discrete values does not provide written description support for claimed ranges, a skilled artisan must be able to reasonably discern a disclosure of that range.
Preambles can be limiting when they state an intended purpose for methods of using a compound.
Claims that lack support from the written description are invalid under 35 U.S.C. § 112.
35 U.S.C. § 112, ¶6 is not invoked, in the absence of reciting the term “means”, if those skilled in the art understand the structural significance of the claim language. Also, in means-plus-function claims, even if a disputed term is not limited to a single structure, the disputed term is not disqualified as a corresponding structure as long as a class of structures is identifiable by a skilled artisan.
A specification can communicate to a person of ordinary skill in the art that a patentee invented not just the combination of all identified features but also sub-combinations of the features – which may achieve the purposes of an invention even without the omitted features.
Describing elements in the specification as essential rises to the level of disavowal of claim scope
There must be adequate support within the description of a patent to claim a genus when a species is described.
There must be adequate support within the description of a patent to claim a genus when a species is described.
Written description requirement for negative limitations; Parent applications as prior art against CIP applications
Best mode requirement does not actually require a disclosure of the best mode, but rather requires sufficient disclosure to enable one of skill in the art to practice the best mode without undue experimentation.