Federal Circuit Judge Timothy Dyk, serving as a visiting judge for the case in the U.S. District Court for the District of Delaware, ruled Thursday the asserted claims in U.S. Patent No. 7,033,590 are invalid for lack of enablement.
Genentech argued no reasonable jury could find adequate enablement because the claims cover a large genus of antibodies and a skilled artisan couldn’t recreate the invention without undue experimentation.
Dyk awarded Genentech summary judgment, ...
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