Fed. Circ. Highlights Need For Enabling Disclosure In Patents

Law360 (July 24, 2019, 1:55 PM EDT) -- In Enzo Life Sciences Inc. v. Roche Molecular Systems Inc.,[1] an opinion written by Federal Circuit Chief Judge Sharon Prost, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s decision granting summary judgement that the asserted claims of U.S Patent Nos. 6,992,180 and 8,097,405 were invalid for lack of enablement.

The claims of the two patents are directed to nonradioactive labeled polynucleotides and the use of nonradioactive labeled polynucleotides in nucleic acid hybridization and detection applications.[2] In particular, the claims of the ’180 patent relate to nonradioactive labeled polynucleotides with a label attached at the phosphate position...

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