by Steve Driskill | Feb 14, 2013 | [sub] enablement, Adequate Disclosure
“[T]he mere potential need for clinical work, without more, is not dispositive.” This opinion gives a great recap of the law surrounding undue experimentation and would be a good one to consult if the issue ever arises. Background / Facts: The patents here relate to...
by Steve Driskill | Nov 13, 2012 | [sub] enablement, Adequate Disclosure
While enablement is a fact specific inquiry and it may be difficult to take more from this case than the fact that pig testing can substitute for human testing in certain medical device technologies, it is noteworthy that the court recognized as well as sanctioned the...
by Steve Driskill | Aug 14, 2012 | [sub] enablement, Adequate Disclosure
This is a cautionary tale about choosing broad claim language at the peril of losing any claim that cannot be enabled across its full scope of coverage. In general, I think it highlights the problems associated with claims that attempt to directly recite the result to...