University Loses|Patent Claim

     WASHINGTON (CN) – Carnegie Mellon University’s patent lawsuit was properly denied due to lack of a written description, the Federal Circuit ruled.




     Carnegie Mellon and Three Rivers Biologicals sued Hoffman-La Roche, alleging infringement of its patent on a method of gene cloning to produce synthetic proteins.
     Judge Lourie ruled that in a proper written description, it was not enough for Carnegie Mellon to state the biotechnical genus.
     “A specification must describe the claimed invention in such a way that a person of skill in the art would understand that the genus that is being claimed has been invented, not just the species of a genus.”

%d bloggers like this: