As discussed in a previous blog post, since Mayo v. Prometheus, critics of medical treatment patents have advocated that such patents should be banned from patenting. While such arguments seemed futile based on the consistent position taken by the U.S. Court of Appeals for the Federal Circuit (CAFC) that treating a disease or
A Morass of Possible Combinations Does Not Satisfy the Written Description Requirement under 35 U.S.C. § 112
In a decision issued by the Federal Circuit on October 24, 2018, the court affirmed a finding by the Patent Trial and Appeal Board (PTAB) that a multiple sclerosis (MS) treatment claimed in 
an application owned by FWP IP APS (FWP) was not supported by adequate written description under 35 U.S.C. § 112. While the