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After Granting Certiorari In Enablement Case, Supreme Court Declines Opportunity To Address Written Description

Patently-O

The scope afforded to chemical genus claims under 35 USC § 112(a)’s enablement and written description requirements has been hot topic recently (at least in certain quarters). The district court overturned the jury verdict with respect to enablement, but denied a motion for JMOL with respect to written description.