[U.S.] January 2020 <CAFC> 946 F.3d 1367, Eko Brands v. Adr

日本語原文 / Japanese original

Article information

Article type: Case note

Category: United States

Topics: Support requirement

First published on this website: 2026-11-01

Display and classification checked: November 2, 2026

Originally published on Ameblo: 2024-09-18 (Japan time). Full English translation.

https://ameblo.jp/hideki-takaishi/entry-12868000111.html

[U.S.] January 2020 <CAFC> 946 F.3d 1367, Eko Brands v. Adrian Rivera

The negative expression “does not include ‘broad, thin mesh’” failed the written-description requirement.

The specification does not mention mesh, much less “broad, thin mesh,” and contains no disclosure supporting such a negative limitation.

(The plaintiff's product merely has that feature.)

https://casetext.com/case/eko-brands-llc-v-adrian-rivera-maynez-enters-inc-3

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