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."

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