· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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