Fed. Circ. Dental IP Ruling Reinforces Prior-Art Framework, Law360

Partners Nicholas Restauri and Scott Sherwin and associates Michael Sikora and Brandon Pongracz co-authored a Law360 Expert Analysis article about a Federal Circuit decision reaffirming the framework for determining when a patent or published application can receive the filing date of an earlier provisional application for prior-art purposes.

The authors explain that parties in inter partes review proceedings and district court litigation must continue to establish substantive written description support under Section 112(a) when relying on an earlier filing date. They note that petitioners should develop the necessary evidence to establish that support, while patent owners should scrutinize prior-art assertions based on provisional filings and consider challenging insufficient written description support.

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