No. 21-1567
Biogen International GmbH, et al. v. Mylan Pharmaceuticals Inc.
Amici (2)
Experienced Counsel
Tags: 35-usc-112 effective-dose efficacy-requirement federal-circuit multiple-sclerosis patent patent-law patent-specification statutory-interpretation written-description
Latest Conference:
2022-09-28
Question Presented (from Petition)
Is 35 U.S.C. § 112's requirement that a patent specification "contain a written description of the invention" met when the specification describes the invention, or must the specification also disclose data that demonstrates the claimed invention is "effective" and emphasize the claimed invention by singling it out and describing it more than once?
Question Presented (AI Summary)
Is 35 U.S.C. § 112's written-description requirement met when the specification describes the invention?
Docket Entries
2022-10-03
Petition DENIED.
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-30
Reply of petitioners Biogen International GmbH and Biogen MA Inc. filed. (Distributed)
2022-08-15
Brief of respondent Mylan Pharmaceuticals Inc. in opposition filed.
2022-07-15
Brief amici curiae of Pharmaceutical Research and Manufacturers of America, et al.
2022-07-14
Brief amicus curiae of New England Legal Foundation filed.
2022-07-11
Brief amicus curiae of Chemistry and the Law Division of the American Chemical Society filed.
2022-07-01
Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2022.
2022-06-30
Motion to extend the time to file a response from July 15, 2022 to August 15, 2022, submitted to The Clerk.
2022-06-14
Petition for a writ of certiorari filed. (Response due July 15, 2022)
Attorneys
Biogen International GmbH and Biogen MA Inc.
Seth P. Waxman — Wilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Chemistry and the Law Division of the American Chemical Society
James Clark Carver — The Carver Law Firm, Amicus
Mylan Pharmaceuticals Inc.
Nathan Kip Kelley — Perkins Coie LLP, Respondent
New England Legal Foundation
Pharmaceutical Research and Manufacturers of America; Biotechnology Innovation Organization
Jeffrey P. Kushan — Sidley Austin LLP, Amicus