Quimbee logo with url
From our private database of 14,300+ case briefs...

In re Kubin

United States Court of Appeals for the Federal Circuit
561 F.3d 1351 (Fed. Cir. 2009)


Facts

Marek Kubin applied for a patent for the isolation and sequencing of cDNA that encodes a protein known as the Natural Killer Cell Activation Inducing Ligand (NAIL). The Board of Patent Appeals and Interferences (Board) rejected Kubin’s claims, finding that previous teachings of Valiante and Sambrook in the field rendered Kubin’s discovery obvious and thus unpatentable. Specifically, the Board found that given Valiante teachings, anyone with ordinary skills in the field would see the value in isolating cDNA NAIL given NAIL’s importance to the human body. The Board also found that Kubin had used techniques that Sambrook had described to conduct the isolation. Finally, the Board found that Kubin isolated its DNA by using an antibody that Valiante had discovered. Kubin appealed.

Rule of Law

Issue

Holding and Reasoning (Rader, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 256,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,300 briefs, keyed to 191 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.