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Intervet Inc. v. Merial Ltd. (Fed. Cir. 2010)

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

Claim Construction of DNA-reciting Claims By Kevin E. Noonan -- The Federal Circuit considered claims to isolated DNA sequences encoding portions of the genome of a porcine circovirus in Intervet Inc. v. Merial Ltd. last week, remanding the case to the District Court based on disagreements with the lower court's construction of three claim terms. The Federal Circuit also took the occasion to opine on the extent of subject matter surrendered by amendment of these claims during prosecution. The greatest interest in the opinion has arisen from the dissent, by Judge Dyk, who sua sponte raised the issue of patent-eligibility...

Full post as published by Patent Docs on August 11, 2010 (boomark / email).