LizardTech v. Earth Resource Mapping

LizardTech's patent describes a method of compressing digital images using discrete wavelet transform (DWT), which results in a "seamless" DWT. The C.A.F.C. found that the specification failed to satisfy section 112, the written description requirement. Comparing two independent claims, they were nearly identical. Claim 21 did not include the term "seamless,” yet the specification disclosed only a single embodiment that described only seamless DWTs. The court concluded that the patent did not "reasonably convey to a person skilled in the art that the inventor had possession of the claimed subject matter at the time of filing." The Court held "that the description of one method for creating a seamless DWT does not entitle the inventor of the ’835 patent to claim any and all means for achieving that objective."
See also,

• MP3: LizardTech v. Earth Resource Mapping(Fed. Cir. 2006) (citations omitted)
• PDF: LizardTech v. Earth Resource Mapping (Fed. Cir. 2006) (full text)
• Patently-O: CAFC Written Description Jurisprudence: "OPAQUE"
• IP Law Observer: Patentee Could Not Claim All Methods for Achieving a Result - Only the Single Method Described Satisfied the Written Description Requirement
• 271: Judge Rader: LizardTech May "Doom Any Hope" For Clarified Written-Description Test
• NAPP: Lizardtech, Inc. v. Earth Resource Mapping, Inc. Reinforces the Need to Disclose Multiple Embodiments in the Written Specification