United States Federal Circuit

In a patent infringement suit, summary judgment for defendant finding non-infringement of a patent involving genetically modifying plants in order to confer resistance to a commonly used herbicide, is affirmed, where: 1) in writing its claims for the patent, plaintiff claimed a broad category based on the function of the particular enzyme, but experiments had not confirmed that the term even applied to the particular enzyme whose gene plaintiff's inventors had sequenced; and 2) the district court did not err in rejecting plaintiff's proposed claim construction.

Appellate Information

• Decided 09/03/2013
• Published 09/03/2013

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel