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Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Fed. Cir.

Bayer CropScience AG v. Dow AgroSciences LLC, No. 13-1002 (Fed. Cir. Sept. 3, 2013)

Affirmed
Non-Infringement Claim Construction Summary Judgment
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 13-1002
Decided
September 3, 2013
Judge
Taranto, J.
Document
Precedential Opinion
Length
16 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

When the inventors applied for the patent at issue, they had sequenced one gene coding for one enzyme, using a test purportedly capable of finding other, similar genes. In writing its claims, the owner —now Bayer CropScience AG—decided to claim a broad cat egory based on the function of the particular enzyme, defining the category by using a term with an established scientific meaning.

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