United States Federal Circuit
Agilent Tech., Inc. v. Affymetrix, Inc., 08-1466
In a patent interference action pertaining to "microarray hybridization," district court judgment is reversed where: 1) the court erred in its claim construction, as it was not grounded in the right disclosure and did not honor the customary meaning of the claim language to one of skill in the art; and 2) the court improperly denied plaintiff's motion for summary judgment with regard to written description under 35 U.S.C. sec. 112 and improperly granted defendant's cross-motion on the same issue, as the defendant's patent application did not describe the invention adequately under the statute to show actual possession of the claimed invention and thus did not satisfy the written description requirement for the claims at issue.
Appellate Information
- Decided 06/04/2009
- Published 06/04/2009
Judges
Court
- United States Federal Circuit