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UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES v. USA

REPLY to Response to Motion re MOTION for Partial Summary Judgment '094 Patent Claims are entitled to Benefit of the 10-21-96 Filing Date

7 Cited authorities

  1. Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

    598 F.3d 1336 (Fed. Cir. 2010)   Cited 585 times   76 Legal Analyses
    Holding that our written description requirement requires that a specification “reasonably convey to those skilled in the art” that the inventor “actually invented” and “had possession of the claimed subject matter as of the filing date [of the invention]”

  2. In re Wands

    858 F.2d 731 (Fed. Cir. 1988)   Cited 333 times   41 Legal Analyses
    Holding that whether undue experimentation is required is a "conclusion reached by weighing many factual considerations. . . . includ[ing] the quantity of experimentation necessary, the amount of direction or guidance presented, the presence or absence of working examples, the nature of the invention, the state of the prior art, the relative skill of those in the art, the predictability or unpredictability of the art, and the breadth of the claims."

  3. Alcon Research Ltd. v. Barr Labs., Inc.

    745 F.3d 1180 (Fed. Cir. 2014)   Cited 116 times   9 Legal Analyses
    Reversing the district court's finding of invalidity for lack of enablement because defendant failed to provide evidence that established the person of ordinary skill would need to engage in “undue experimentation” in order to practice the asserted claims

  4. Falko-Gunter Falkner v. Inglis

    448 F.3d 1357 (Fed. Cir. 2006)   Cited 87 times   16 Legal Analyses
    Holding that where “accessible literature sources clearly provided” a description of the teachings at issue, the written description requirement does not require their incorporation by reference

  5. Spectra-Physics, Inc. v. Coherent, Inc.

    827 F.2d 1524 (Fed. Cir. 1987)   Cited 144 times   2 Legal Analyses
    Holding that violation of the best mode requirement is a question of fact dependent upon the patent applicant's intent

  6. Fiers v. Revel

    984 F.2d 1164 (Fed. Cir. 1993)   Cited 73 times   7 Legal Analyses
    Holding a claim to a genus of DNA molecules not supported by written description of a method for obtaining the molecules

  7. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,275 times   1022 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it