Results for enablement

Amgen Inc. v. Sanofi

Case Number: CLB0473

Date: 02.11.2021

Functional limitations in a claim to a composition of matter may result in claim breadth that is not fully enabled if undue experimentation is required to determine the scope of the functional limitations.

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Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc.

Case Number: CLB0262

Date: 08.18.2010

An “offer to sell … within the United States” occurs when a company makes an offer, whether made inside or outside of the United States, to sell a product that the buyer will use in the United States. In addition, an “offer to sell” occurs when the product specified in the contract infringes a patent, notwithstanding the state of the product ultimately delivered.

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Hyatt v. Doll

Case Number: CLB0227

Date: 08.11.2009

Evidence not submitted by an applicant during prosecution or appeal is not admissible as a matter of right, and may not be admissible at all in a subsequent court appeal. The Federal Circuit will likely apply an equity-like standard when considering the admissibility of such evidence.

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David H. Sitrick v. Dreamworks, LLC

Case Number: CLB0171

Date: 02.01.2008

The Federal Circuit continues to reinforce the requirement that the full scope of a claim be enabled for the claim to be valid under the first paragraph of 35 U.S.C. § 112. If a disclosure does not enable a device that is covered by a claim, an infringement action asserting that claim will likely result in its invalidation for lack of enablement.

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