This much is clear: Proving lack of enablement requires more than an expert saying it would be “complex” or “difficult” to practice the claimed invention. So said the Federal Circuit recently in Cephalon, Inc. et al. v. Watson Pharmaceuticals, Inc. et al. This appeal resulted from an opinion following a bench trial on the validity and […]
While predicting a Supreme Court decision is never a safe bet, the oral argument in Bowman v. Monsanto suggests that the result will be welcome news for companies patenting self-replicating technology (like the biotechnology industry). On Tuesday, the Supreme Court heard oral argument on Bowman v. Monsanto, which we told you about on February 12. The […]
A Supreme Court patent exhaustion case could affect biopharmaceuticals. Next week, the Supreme Court will hear oral arguments in Bowman v. Monsanto Co. (Docket No. 11-796), a case that may narrow patentees’ rights in self-replicating technologies. The self-replicating technology at issue in Bowman is genetically modified seeds, but it is not difficult to imagine broader implications […]