The Federal Circuit Reinforces Stringent Written Description Requirement

On November 18, 2025, in Duke University v. Sandoz Inc. (No. 24-1078), the U.S. Court of Appeals for the Federal Circuit reversed a District of Colorado judgment and overturned $39 million of damages awarded by a jury, holding that asserted claim 30 of U.S. Patent No. 9,579,270 is invalid for lack of adequate written description. The panel concluded that no reasonable jury could find that the ‘270 patent’s specification showed possession of the claimed subgenus of prostaglandin F (PGF) analogs…
By: White & Case LLP