January 5, 2024

Federal Circuit Summary for Week Ending January 5, 2024

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Purecircle USA Inc. v. Sweegen. Inc., No. 2022-1946 (January 2, 2024) (nonprecedential); Patent Nos. 9,243,273 & 10,485,257

Key point(s):

  • In the context of a genus claim, the written description requirement is not satisfied when the specification fails to provide a means to distinguish the invention from a large genus.
  • While a single example can provide written description support for a genus, that is not the case unless the specification provides the required “blaze marks”—disclosure that would allow a skilled artesian to identify other members of the genus.


Dexcom, Inc. v. Abbott Diabetes Care, Inc., No. 2023-1795 (January 3, 2024) (precedential) (3-0)

Key point:

  • A licensing agreement that allows the filing of IPR petitions under certain circumstances, notwithstanding the existence of a forum selection clause does not preclude the filing of IPR petitions.

Related Team:

Valerie Yu