Stanford University’s Loss in Interferences of Three Patents Covering Testing Methods for Fetal Aneuploidies for Lack of Written Description is Vacated

The Board of Trustees of the Leland Stanford Junior University v. The Chinese University of Hong Kong, Jun. 27, 2017, Before O’Malley, Reyna, and Chen.   Takeaway: The Federal Circuit declined to reconsider its decision in Biogen MA, Inc. v. Japanese Found. for Cancer Research, 785 F.3d 648 (Fed. Cir. …

Federal Circuit Affirms Priority Date in Abbot Interference Win Over Yeda Research and Development

Authored by Rose Cordero Prey, Jonathan Thomas, and William Uhr YEDA RESEARCH AND DEV. CO. V. ABBOT GMBH & CO., LTD., No. 2015-1662 (Fed. Cir. Sep. 20, 2016) (precedential).  On appeal from D.D.C. Before Reyna, Wallach, and Hughes. Procedural Posture: The Board declared an interference between a patent held by …

Decision of Invalidity for Lack of Written Description Reversed Based on Broader Reading of Patent Specification

Authored by Paul T. Qualey, Ji Lei, and Armin Ghiam ScriptPro LLC v. Innovation Associates, Inc., No. 2015-1565 (Fed. Cir. Aug. 15, 2016) (precedential).  On appeal from D. Kan.  Before Moore, Taranto and Hughes. Procedural Posture:  Plaintiffs-Appellants appealed district court’s grant of summary judgment of invalidity for lack of written …

Federal Circuit Reverses the Court of Federal Claims’ Holdings of Lack of Written Description and Obviousness

Authored by Sheila Mortazavi and Lindsay Littler Digest of Zoltek Corp. v. U.S., No. 2014-5082 (Fed. Cir. Feb. 19, 2016) (precedential). On appeal from Fed. Cl. Before Newman, Clevenger, and Moore. Procedural Posture: Zoltec Corporation (“Zoltek”) appealed the United States Court of Federal Claims’ (“CFC”) holding that the asserted claims …

Federal Circuit Affirms PTAB’s Rejection of Claims for Failure to Meet the Written Description Requirement

Authored by Georg Reitboeck, Michael Turner, and Katrin Feldhaus Digest of Bamberg v. Dalvey, No. 2015-1548 (Fed. Cir. Mar. 9, 2016) (precedential). On appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Before MOORE, HUGHES, and STOLL. Procedural Posture: In a consolidated interference proceeding, the Patent …