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Why Counsel Should Watch Novartis SCOTUS Appeal

Mintz Member Kenneth Jenkins was quoted in Managing IP discussing Novartis’s planned SCOTUS appeal and the various questions this case will raise. Kenneth commented, "applicants will certainly continue to use these limitations to help them overcome prior art rejections... But they should consider including negative “catch-all” limitations... For example, they could specify that dosage methodologies disclosed don’t include any dosage administration other than what’s recited in the examples... Doing so would help counsel communicate enough information about the negative limitation, making it more likely that they’ll meet Section 112 requirements."


Managing IP