United States Federal Circuit

In a patent dispute involving technologies for producing transgenic corn that is resistant to a nonselective herbicide, summary judgment finding defendants did not infringe the asserted claims of the patents at issue and finding certain claims invalid is affirmed where: 1) there was no error in the district court's claim construction; 2) the summary judgment ruling of non-infringement was proper; and 3) the district court properly found certain patent claims invalid under 35 U.S.C. section 112 because the specification did not enable the full scope of the broad functional language in a claim without undue experimentation.

Appellate Information

• Decided 10/04/2007
• Published 10/04/2007

Judges

• RADER, Circuit Judge., Before RADER and GAJARSA, Circuit Judges, and O'MALLEY, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Susan K. Knoll, Howrey LLP, of Houston, TX, argued for plaintiffs-appellants.   With her on the brief were Thomas A. Miller, Richard L. Stanley, and Scott W. Clark.


• For Appellees:
  
• Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellees.   With him on the brief were Herbert H. Mintz, Michael J. Flibbert, Howard W. Levine, and Jennifer A. Johnson.