Weiswasser: I’m going to cover a few of the patent cases that are before the Court this term. This term, the Court is going to be testing certain core questions of what can be patented and what is needed to show patent infringement, and also scrutinizing the circumstances in which fee-shifting is warranted in patent infringement disputes.
Editor: Please tell us about your professional background.
Weiswasser: My scientific training is in biochemistry and molecular biology, and I focus my patent litigation and counseling practice on the biotech and pharmaceutical industries. Over the years I have worked extensively with biotechnology and pharmaceutical companies on patent-related issues,...
Our article in the August 2004 issue of The Metropolitan Corporate Counsel discussed the Federal Circuit's internal debate as to whether section 112 of the Patent Act contains a separate written description requirement. We concluded by noting that it remains to be seen whether the Federal Circuit will address the issue en banc . The court has now determined...
I of this article, appearing in the July 2004
issue of The Metropolitan Corporate Counsel, discussed earlier case
law's requirements of descriptive information required for patent
validity.Federal Circuit Written Description Cases In 2003
Twice in 2003 the Federal Circuit reaffirmed the existence of a
separate written description requirement, again...