Bloomberg Law
June 16, 2022, 7:26 PM

Biogen Seeks High Court Review of Written Description Standard

Samantha Handler
Samantha Handler

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 ...