· 2/13/2004
University of Rochester v. G.D. Searle & Co., Inc., Monsanto Company, Pharmacia Corporation, and Pfizer Inc.
Citations
- 358 F.3d 916
- 69 U.S.P.Q. 2d (BNA) 1886
- 2004 U.S. App. LEXIS 2458
- 2004 WL 260813
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 patent can be held invalid for failure to meet the written description requirement, based solely on the language of the patent specification.”
- holding the patent invalid because \Rochester did not present any evidence that the ordinarily skilled artisan would be able to identify any compound based on [the specification's] vague functional description\
- holding the patent invalid because “Rochester did not present any evidence that the ordinarily skilled artisan would be able to identify any compound based on [the specification’s] vague functional description”
- noting that “there is often significant overlap” in the written description and enablement requirements set forth in § 112
- explaining that merely stat- ing “automobile” in a claim would not have been sufficient written description at the time of invention of the automo- bile
- explaining that “functional descriptions of genetic material can, in some cases, meet the written description requirement if the functional characteristics are coupled with a known or disclosed correlation between function and structure”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Bryson, Dyk
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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