Earlier this month, in Novartis Pharms. Corp., Inc. v. Accord Healthcare, Inc., et al., No. 2021-1070, the Federal Circuit issued a helpful decision concerning the not-often-discussed written ...

Before O’Malley, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of West Virginia. Summary: A specification may not describe “possession” of an invention in ...

“As AI becomes more prevalent in research and development, and as AI systems become more autonomous, some commentators believe that the POSITA for an AI-related invention should instead be an ...

Be mindful of this decision when drafting patent applications. Merely mentioning a claim element once may be an insufficient written description if it is not clear that the inventor was in "possession ...