The Federal Circuit's Recent Written Description Ruling in Allergan v. MSN Labs: Implications for Pharmaceutical Patent Drafting and Litigation
Briefly

In Allergan USA, Inc. v. MSN Laboratories Private Ltd., the Federal Circuit's 2-1 decision affirms that a feature can be deemed non-essential given a thorough examination of patent documents.
The court emphasized the importance of a comprehensive review of patent specifications, underscoring that the written description must align with the claims to establish sufficiency.
The court highlighted that the original patent claims featuring glidants were later amended, indicating that the inventor's understanding was broader than initially presented in the claims.
Ultimately, the case illustrates the responsibility of patent practitioners to craft claims and descriptions that reflect accurately the necessary elements of the invention.
Read at Patently-O
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