By Kevin E. Noonan — Elevation to Chief Judge in a U.S. Court of Appeals, particularly in the Federal Circuit, is frequently accompanied by an apparent mandate to place an imprimatur on the Court’s decisions. This pattern has been shown consistently in this appellate court, from Chief Judge Markey through Chief Judges Michel and Rader. Now it is Chief Judge Prost’s turn, as illustrated by her decision in Amgen v. Sanofi, overturning application of the written description precedent of Noelle v. Ledermann as being inconsistent with the Court’s en banc opinion in Ariad v. Eli Lilly & Co. This week…
View the original article here: Barry v. Medtronic, Inc. (Fed. Cir. 2019)
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