United States Federal Circuit

Judgment in favor of defendant on plaintiff's claims of infringement of its patents related to a microbial host cell used in making fuel or fuel additives, is: 1) vacated in part and remanded, as to the denial of plaintiff's motion for infringement and grant of defendant's motion for non-infringement, where the district court erred in its claim construction; 2) reversed in part and remanded, where the district court failed to recognize the existence of genuine issues of material fact on defendant's motion for summary judgment of invalidity as to claims 12 and 13 of the '889 patent; and 3) reversed in part and remanded, as to the grant of summary judgment of invalidity for lack of enablement because that judgment appears to have been a scrivener's error.

Appellate Information

• Decided 02/18/2014
• Published 02/18/2014

Judges

• LINN

Court

• United States Federal Circuit

Counsel