Biogen International GmbH is seeking the Supreme Court’s view on how much support an inventor must provide to adequately describe an invention in a patent, an issue that’s divided the Federal Circuit.
The US Court of Appeals for the Federal Circuit in March denied the company’s request for a full court rehearing of a ruling that allowed Mylan Pharmaceuticals Inc. and other generic drugmakers to sell copycats of Biogen’s multiple sclerosis treatment.
Three Federal Circuit judges dissented, warning that the decision will have a “muddying” effect on case law for written description—a provision in the Patent Act that requires the ...
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