Don’t Be Caught Without Possession (of Your Invention): What You Need To Know About the Written Description Requirement
May 12, 2021
Mintz Members Peter Cuomo and Muriel Liberto co-authored an article published in the March/April 2021 issue of IP Litigator that examined how the U.S. written description requirement is developing in the ‘unpredictable’ pharmaceutical and biotechnology-related arts. In their article, Mr. Cuomo and Dr. Liberto reviewed a line of post-Ariad “blaze marks” cases illustrating what may become a trend toward a higher bar for satisfying the written description requirement in the United States, particularly as applied to genus claims covering molecules large and small, such as antibodies, enzymes, and small organic molecules. Where the claim further relies upon functional language to define a genus of compounds, the authors cautioned that the bar is likely to be even higher to the extent this line of cases is followed.
In an article published by Communications Daily, Managing Member of Mintz’s Washington, D.C. Office and Chair of the firm’s Health Law, Communications, Antitrust & ML Strategies Division Susan Berson was quoted on the return to in-person work for attorneys and professional staff in the firm’s Washington, D.C. office, which she said was subject to regional and Centers for Disease Control and Prevention guidance. She added that the firm has demonstrated that clients can be served well remotely and likely will use a hybrid model long term.
Mintz Associate Deborah J. Frisch was featured in a blog post published by the COVID Eviction Legal Help Project for her pro bono work to help a single mother successfully fight an improper eviction during the pandemic after months of stress and uncertainty for the client and her children.
Mintz Member Jennifer B. Rubin authored a Bloomberg Law Insights column that examined the legal implications of a pandemic-created nomadic workforce, which continues to create complexities for employers because of state and local wage-and-hour laws and other regulations. Ms. Rubin’s article explained how organizations can get a handle on where their employees are working and why they need to do so.