Fed. Circ. Clarifies Enablement Requirement In LED Case

By Scott Bornstein and Jonathan Wise (August 22, 2018, 1:15 PM EDT) -- On July 25, 2018, a unanimous three-judge panel at the United States Court of Appeals for the Federal Circuit issued a potentially far-reaching opinion on the application of enablement under 35 U.S.C. § 112, ¶ 1. The case at issue, Trustees of Boston University v. Everlight Electronics Co., involved Boston University's patent infringement allegations relating to a semiconductor device.[1] There was no question that the asserted claim had enablement support for five out of six permutations that fell within the scope of the claim.[2] The jury heard testimony, however, that the sixth permutation was not supported by the specification. Nevertheless, the jury rendered a verdict in favor of the patentee finding the patent valid and willfully infringed.[3]...

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