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Ajinomoto Co. v. International Trade Commission (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Suresh Pillai -- Last week, the Federal Circuit affirmed a determination by the International Trade Commission ("ITC") that: (1) the asserted claims of U.S. Patent Nos. 5,827,698 and 6,040,160 were invalid for failure to comply with the best mode requirement, and (2) the '698 patent was unenforceable due to inequitable conduct. Both the '698 patent and the '160 patent are directed to improved methods of producing L-lysine through the use of E. coli bacteria that have been genetically engineered specifically for the purpose of producing lysine at levels far above those found in nature. Specifically, the patents are directed...

Full post as published by Patent Docs on March 15, 2010 (boomark / email).