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Keywords

statuteappealsummary judgmentpatent

Related Cases

Enzo Biochem, Inc. v. Gen-Probe Inc., 323 F.3d 956, 63 U.S.P.Q.2d 1609

Facts

Issue

Rule

The written description requirement of the patent statute mandates that the specification must contain a clear and concise description of the invention, enabling a person skilled in the art to recognize what is claimed. This requirement can be satisfied by showing that an invention is complete through detailed identifying characteristics, including structure, properties, or functional characteristics, especially when coupled with a known correlation between function and structure.

Analysis

The court analyzed whether the deposits of nucleotide sequences in a public depository could adequately describe those sequences. It concluded that a reference to such deposits could satisfy the written description requirement, as it allows skilled individuals to access the claimed sequences. However, the court also recognized that the claims were broad and included various subsequences and mutations, raising factual questions about whether these were adequately described.

Conclusion

The Court of Appeals reversed the district court's grant of summary judgment, determining that genuine issues of material fact existed regarding the written description requirement, and remanded the case for further proceedings.

Who won?

The Court of Appeals ruled in favor of Enzo Biochem, Inc., reversing the lower court's decision. The appellate court found that the district court had erred in concluding that the deposits could not satisfy the written description requirement as a matter of law. The appellate court emphasized that the existence of genuine issues of material fact regarding the adequacy of the written description warranted a remand for further examination.

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