University of Rochester v. G.D. Searle & Co.,Inc., et al.
Federal Circuit
February 13, 2004
The University of Rochester appealed from the decision of the United States District Court for the Western District of New York granting summary judgment that United States Patent 6,048,850 is invalid. Univ. of Rochester v. G.D. Searle & Co., 249 F. Supp. 2d 216 (W.D.N.Y. 2003). The Federal Circuit affirmed, concluding that the district court did not err in holding the ‘850 patent invalid for failing to comply with the written description requirement of 35 U.S.C. § 112, para. 1.
Update: Hal Wegner points out that the case “confirms earlier panel opinions on “written description” from the line of cases including Enzo Biochem, Inc. v. Gen-Probe Inc., 323 F.3d 956, 963 (Fed. Cir. 2002), and expands this to organic chemistry: It “see[s] no reason for the rule [of Enzo] to be any different when non-genetic materials are at issue[.]“”
Update 2: University’s Patent for Celebrex Is Invalid. NY Times Article.
Update 3: Additional coverage via the New York Law Journal. Via IPTA Blog.
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