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In This Issue Written Description of Therapeutic Efficacy — Hayan Yoon In two 2019 rulings...

Intellectual Property Bulletin – Winter 2021 – Fenwick & West LLP

In This Issue Written Description of Therapeutic Efficacy — Hayan Yoon In two 2019 rulings, the Federal Circuit invoked the “written description requirement” of 35 U.S.C. § 112 to require evidentiary support for therapeutic efficacy. Now that the Supreme Court has declined to hear one of those cases, “written description” will continue to present a hurdle to patentability, in addition to the utility and enablement requirements. Litigation-Proofing Your Trade Secrets: Practical Steps to Ensure They’re Enforceable in Court — Robert …

 

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