For Your Data Enzo Biochem, Inc. V. Gen-Probe Inc. Instance Brief

Enzo Biochem, Inc. v. Gen-Probe Inc. instance brief summary
296 F.3d 1316 (2002)

CASE SYNOPSIS

Plaintiff patent assignee petitioned for rehearing next the denial of relief on its appeal from the judgment of the USA District Court for the Southern District of New York, granting summary judgment to accused alleged infringers inward the patent assignee's patent infringement action.

CASE FACTS
The patent assignee claimed that it raised factual issues regarding whether the reference inward the specification to the deposits of biological materials inward a populace depository inherently disclosed that the inventors were inward possession of the claimed nucleotide sequences, together with that its patent claims per se met the written description requirement under 35 U.S.C.S. § 112, P 1 because they appeared inward ipsis verbis inward the written description.


DISCUSSION

• The courtroom held that the patent assignee's reference inward its specification to its deposit inward a populace depository was sufficient to constitute an adequate description of the deposited cloth nether the written description requirement of 35 U.S.C.S. § 112, P 1. 
• The courtroom industrial plant life that the patent assignee raised factual issues equally to whether a reasonable fact-finder could conclude that the claimed sequences were described past times their mightiness to hybridize to structures that, spell non explicitly sequenced, were accessible to the public, together with equally to whether it had demonstrated the requisite possession of the claimed nucleotide sequences.

CONCLUSION
The petition was granted. The judgment was reversed, together with the activity was remanded.

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