FUNCTIONAL CLAIMS REQUIRE MORE THAN JUST TRIAL-AND-ERROR INSTRUCTIONS FOR SATISFYING THE ENABLEMENT REQUIREMENT

Jan 6, 2024 Baxalta Inc. v. Genentech, Inc. Decided: September 20, 2023 Moore, Clevenger and Chen. Opinion by Moore Summary: Baxalta sued Genentech alleging that Genentech’s Hemlibra product infringes US Patent No. 7,033,590 (the ‘590 patent). Genentech moved for summary judgment of invalidity of the claims for lack of enablement. The district court granted summary judgment of invalidity. […] READ MORE