Exelixis, Inc. v. Msn Laboratories Private Ltd.

Summary

The court affirmed the district court’s determination that the asserted claims of the ’439, ’440, and ’015 patents satisfy the written-description requirement because the specification identifies the chemical name, formula, and crystalline structure of the claimed cabozantinib (L)-malate salt genus. The court dismissed as moot MSN’s appeal concerning claim 3 of the ’349 patent because Exelixis’s dismissal of its cross-appeal eliminated any redressable controversy and the asserted collateral consequences were speculative. It vacated the district court’s judgment concerning that claim because MSN was prevented from obtaining merits review by Exelixis’s unilateral action.