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CAFC reverses US District Court for the Southern District of California on Claim Construction and Satisfaction of Written Description Requirement

By on September 29, 2010 in Claim Construction, Enablement, Infringement, Patents, Section 112, Summary Judment

In THE LARYNGEAL MASK COMPANY LTD. AND LMA NORTH AMERICA, INC., v. AMBU A/S, AMBU INC., AND AMBU LTD, 10-1028 (CAFC, September 21, 2010), the CAFC reversed the US District Court for the Southern District of California on Claim Construction and Satisfaction of Written Description Requirement. The Laryngeal Mask Company Ltd. and LMA North America, [...]

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Federal Circuit (“CAFC”) Affirms Description is Separate from Enablement in Patent Specification

By on March 29, 2010 in Enablement

In an en banc, 9-2 decision, the CAFC, affirmed that Section 112, first Paragraph of 35 U.S.C. requires that a a patent specification not only describe the manner of making and using a claimed invention, but also separately requires a written description of the claimed invention.  Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co., Fed. [...]

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