Results for Undue Experimentation

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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Northpoint Technology Ltd. v. MDS America Inc.

Case Number: CLB0116

Date: 06.28.2005

No principle requires that a witness testify as to legal conclusion of undue experimentation, provided factual showing is sufficient to justify jury’s conclusion on factual issue of whether, under all circumstances, more than routine experimentation is needed to make the invention work as claimed. Multiple prior art references offered to prove anticipation do not constitute multiple separate legal theories, each of which must to be proven to show anticipation. If any single reference shows anticipation, the legal theory of anticipation is met. Findings as to invalidity of claims apply only to asserted claims at an infringement trial.

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Ex parte Wheeler

Case Number: CLB0010

Date: 07.26.2002

There is no per se requirement for examples to meet the enablement requirement. However, the need for examples to prevent undue experimentation will be assessed by weighing a variety of factors.

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