Relaxing the Rules: How Claim Type Supported Patent Validity for Teva Pharmaceuticals’ “Headache Patents”

Few matters within patent law generate as much debate as the requirements for written description and enablement. These rules require that a patent adequately describe the invention in sufficient detail to allow others to make and use the invention. Inventors have to consider the rigorous demands for what counts as adequate disclosure, especially related to seemingly broad genus claims in biopharma patents.... By: McCarter & English, LLP