Novartis Pharmaceuticals Corporation v. HEC Pharm Co.


Question(s) Presented

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.”

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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