Tips on numerical range from Fed. Circ. Philip Morris ruling

Partners George Chen, Cory Smith and Associate Ryan Fitzpatrick authored an article in Law360 about the U.S. Court of Appeals for the Federal Circuit’s discussion on how narrow numerical ranges in patent claims can satisfy the written description requirement— even if broader ranges are disclosed in the specification of the patent. In the RAI Strategic Holdings Inc. v. Philip Morris Products SA case, the court analyzed specific numerical ranges in the patent’s specification within the context of the technology involved. The court’s decision, reversing a Patent Trial and Appeal Board ruling, offers crucial insights for drafting patent applications involving numerical ranges— emphasizing the importance of consistency, avoiding contradictions and considering technology complexity.

George, Cory and Ryan are registered patent attorneys with extensive experience handling transactional and litigation patent matters in the U.S. and foreign jurisdictions across technology sectors.