JD Supra

The Precedent: Federal Circuit Requires Jepson Claim Preambles Satisfy § 112’s Written Description Requirement in In re: Xencor, Inc.

Xencor, Inc. (“Xencor”) filed U.S. Patent Application No. 16/803,690 (the “’690 Application”), which was directed to a method for treating asthma and organ transplant patients. Claim 8 of the ’690 ...
Law

Stare Decisis and the Evolving Definition of 'Parent'

Joel Brandes at the New York State Court of Appeals in September 2016 in Albany, New York. (Photo/Hans Pennink) “Stare decisis” means “to stand by things decided.” (Black’s Law Dictionary, 11th ed.
JD Supra

Examining the Level of Detail Required to Plead a Claim Under the Doctrine of Equivalents

Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications ...

A Major Question in the Tariffs Case: The ‘Major Questions Doctrine’

The Supreme Court used the doctrine, which requires Congress to speak clearly to confer vast economic power, to strike down ...