OrthoAccel Technologies, Inc. v. Propel Orthodontics, LLC, No. 18-1534 (Fed. Cir. Sept. 23, 2019)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

OrthoAccel Technologies, Inc. appeals from a decision of the U.S. District Court for the Northern District of Cali- fornia denying its motion for a preliminary injunction. The district court determined that the patent at issue could not claim priority to its parent application because the parent application lacked written description support for the claimed “1 to 20 minutes daily ” limitation. On this basis, the district court determined that OrthoAccel Technolo- gies, Inc.