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Novartis Pharmaceuticals Corp. v. HEC Pharm Co., Ltd.

Certiorari Denied

Petition for certiorari denied on April 17, 2023.

Docket No.22-671
Op. BelowFed. Cir.

Issue

(1) Whether 28 U.S.C. § 46 and principles of sound judicial administration preclude a court of appeals from adding a new judge to form a new panel and redecide a case after an original three-judge panel has already decided the case and entered its judgment; and (2) whether 35 U.S.C. § 112 should be interpreted consistent with its plain text as requiring that a patent specification contain a "written description of the invention" in a form that need only be understandable to "any person skilled in the art," or whether the court of appeals properly read in a heightened requirement that allows it to deem the specification inadequate on de novo review and displaces the perspective of a person skilled in the art.

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