Pharmaceutical Method-of-Use Claims After Teva v. Eli Lilly and In re Xencor: Written Description, Enablement, and the Known-Compound Genus

Short summary

Two Federal Circuit decisions — Teva v. Eli Lilly and In re Xencor — provide complementary guidance on written description and enablement requirements under 35 U.S.C. § 112 for method-of-use claims involving known compound genera. In Teva, the court reversed a JMOL invalidity ruling, emphasizing that procedural posture and jury findings mattered. The contrast between the two cases illustrates how claim scope and factual record drive outcomes.

• •Federal Circuit decisions Teva v. Eli Lilly and In re Xencor address § 112 requirements for method-of-use claims on known compound genera
• •Teva reversed JMOL invalidity, emphasizing jury findings and procedural posture
• •Contrast between cases shows how claim scope and factual record determine outcomes

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