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CAFC Applies Lilly to Invalidate Carnegie Mellon?s Plasmid Claims

By Dennis Crouch, Esq.

Carnegie Mellon University v. Hoffman-La Roche (Fed. Cir. 2008) Carnegie Mellon's patents cover recombinant plasmids used to enhance expression of an DNA polymerase. On appeal, the CAFC affirmed the lower court holding that the patent claims fail to meet the written description requirement under Lilly. 35 U.S.C. §112 requires that the patent document "contain a written description of the invention and of the manner and process of making and using it, in such full, clear, concise, and exact term read more

Full post as published by Patently Obvious on September 08, 2008 (boomark / email).