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Client Alert Trevor Rubin Client Alert Trevor Rubin

Supreme Court Petition Targets “After-Developed” Technology in Patent Validity—and a Deep Split at the Federal Circuit

A closely watched petition for certiorari asks the Supreme Court to resolve a fundamental question in patent law: may courts consider after-developed technology when assessing validity under Section 112’s written description and enablement requirements? The petition arises from the Federal Circuit’s decision in In re Entresto, which sustained validity while accepting a broad infringement construction that captured a later-invented chemical “complex.” The outcome could reshape patent drafting, litigation strategy, and freedom-to-operate assessments across life sciences, high tech, and beyond.

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