Bloomberg Law
Jan. 3, 2022, 10:02 AM

Two Patent Issues Teed Up for Federal Circuit Rulings in 2022

Perry Cooper
Perry Cooper
Legal Reporter

The Federal Circuit is poised to provide guidance in the coming year on two patent law issues that have befuddled district courts: written description and the scope of inter partes review estoppel.

More companies accused of infringement are challenging patents for lack of written description, the requirement that a patent provide a precise definition of what is claimed to establish that the inventor possesses the invention.

Accused infringers are also running up against what patent defenses they can raise in district court infringement litigation if they challenged the patent at the Patent Trial and Appeal Board. IPR estoppel blocks challengers ...

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