A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Written Description

You can tell that I (and pretty much every other lawyer) learned JMOL in a specific and nerdy context.

Pretty much every other collection of letters are pronounced as either an acronym—NASA, SONAR, LOL (this one's a matter of preference)—or an initialism like LMAO, CIA, PB&J.

JMOL, stands proudly atop the divide, too unwieldy to pronounce in either regime.

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None of this is legally relevant (yet!), but it leads neatly into yesterday's decision in Natera, Inc. v. CareDx, Inc., C.A. No. 20-38-CFC-CJB (D. Del. Feb. 24, 2025). The defendant there made the bold decision of moving for J-MALL that both of the asserted patents were invalid for lack of written description, which the plaintiff naturally opposed.

In support of the motion, defendant pointed to the testimony of its expert to the effect that the specifications failed to disclose all of the various elements of the claimed method being performed together, "as an integrated whole." The plaintiff in response, pointed to the testimony of their expert, but notably ...

Here is something you don't see everyday.

On Thursday, Judge Andrews granted a motion for summary judgment of invalidity for claims that failed to include a limitation from the spec.

In MHL Custom, Inc. v. Waydoo USA, Inc., C.A. No. 21-091-RGA (D. Del. Feb. 2, 2023), the patent at issue described a "passively stable hydrofoil." The hydrofoil is a board that a person can ride in the ocean, with a big fin under the water to keep it stable:

The hydrofoil at issue, from U.S. Pat. No. 9,586,659
The hydrofoil at issue, from U.S. Pat. No. 9,586,659 U.S. Pat. No. 9,586,659

As the Court describes, the whole patent is focused on the board's stability feature:

The specification of the '659 Patent only, and repeatedly, describes the …