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· 9/24/1999

Enzo Biochem, Inc. v. Calgene, Inc., Defendant-Cross

Citations

  • 188 F.3d 1362
  • 52 U.S.P.Q. 2d (BNA) 1129
  • 1999 U.S. App. LEXIS 23239
  • 1999 WL 767425

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a specification that provided no guidance, direction, or working examples to practice the claimed invention was nonenabled
  • holding a patent invalid because the claims were not enabled, as required by 35 U.S.C. § 112, ¶ 1
  • explaining that with regard to an enablement inquiry like this one, the dependent claims “stand or fall together with” the independent claim from which they depend
  • analyzing the quantity of experimentation necessary to practice the claimed invention as a factor in determining en-ablement
  • finding a patentee's evidence of enablement \inconclusive\ because the patentee \did not prove that the alleged post-filing successes were accomplished by following the teachings of the specification[ ]\
  • discussing evidence of enablement and nonenablement in an unpredictable field of biotechnology

Source: CourtListener parenthetical corpus (CC0).

Judges: Lourie, Smith, Schall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.