Enzo Tells Justices Fed. Circ. Set 'Lax' New Enablement Test

By Ryan Davis (March 3, 2020, 7:56 PM EST) -- Enzo Life Sciences Inc. has asked the U.S. Supreme Court to overturn a decision that DNA testing patents it asserted against Abbott Laboratories and others are invalid for lack of enablement, saying the Federal Circuit flouted precedent by relaxing the test for the issue.

In a Feb. 26 cert petition, Enzo said the Federal Circuit's June decision created an improperly low bar for proving that a patent is invalid for failing to provide enough information to enable others to make and use the invention.

Rather than requiring "clear and convincing" evidence, the standard for all types of invalidity, the Federal Circuit...

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