The U.S. Court of Appeals for the Federal Circuit broke its established written description requirement—that all elements of a patent’s claims must actually be disclosed in the patent’s specification—when it held a “substantially equivalent” disclosure will do, Actavis argued in its petition for review.
Nalproprion sued after Actavis applied to the Food and Drug Administration to create a generic version of the drug. Actavis argued parts of Nalpropion’s U.S. Patent No. 8,916,195 were invalid...