#written-description

#written-description

MSN Pharmaceuticals, Inc. subsequently filed a petition for certiorari to the Supreme Court in August of this year, arguing that there is "doctrinal chaos" surrounding the topic of after-arising technology in the context of patent infringement suits. While some Federal Circuit decisions have held "that when a patentee secures a claim construction that ensnares, as infringing, an accused device that features after-arising technology, the patentee risks invalidating its own patent on written-description and enablement grounds,"