The Precedent: Federal Circuit Clarifies that Issuance of an Amended Claim Does Not Provide Substantial Evidence of Compliance with the Written Description Requirement

In this edition of The Precedent, we outline the decision in Mondis Technology Ltd. v. LG Electronics Inc. In Mondis Technology Ltd. v. LG Electronics Inc., the Federal Circuit addressed the scope of the presumption of validity in the context of the written description requirement. Specifically, the Federal Circuit considered whether allowance of a claim limitation in an issued patent itself provides substantial evidence of compliance with the written description requirement….
By: Vorys, Sater, Seymour and Pease LLP