Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Janssen Biotech, Inc. v. Abbott Laboratories

Petition for certiorari denied on February 21, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-596 Fed. Cir. N/A N/A N/A N/A OT 2011
 
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Issue: Whether Section 112 of the Patent Act, which requires the specification of a patent application to “contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same,” forecloses the Federal Circuit’s written-description mandate, which in implementation (i) has required a heightened, actual reduction-to-practice standard for biotechnology patents, (ii) has licensed de novo appellate review of what the Federal Circuit labels a fact question, and (iii) has led to substantial unpredictability and instability in patent protection.

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Briefs and Documents

Certiorari-stage documents

Term Snapshot
Awards