A number of amici weighed in last week to urge the U.S. Supreme Court to grant a petition asking the Justices to consider whether “in a patent-infringement suit, a court may consider after- arising technology to hold that the patent is invalid under § 112(a) of the Patent Act.” The case arises from a U.S. Court of Appeals for the Federal Circuit (CAFC) January 2025 precedential decision reversing a district court’s determination that certain claims of a patent for Novartis’ heart failure drug Entresto were invalid for lack of written description, and affirming a finding that the claims were not shown to be invalid for obviousness, lack of enablement, or indefiniteness.
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