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Regents of the University of California v. Eli Lilly & Co.

119 F.3d 1559 (1997)

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Regents of the University of California v. Eli Lilly & Co.

Court of Appeals for the Federal Circuit

119 F.3d 1559 (1997)

Facts

Regents of the University of California (UC) (plaintiff) sued Eli Lilly (defendant) for infringing the ‘525 patent, which claimed a gene sequence used in manufacturing human insulin. Human insulin consists of two amino acid chains, referred to as A and B. UC disclosed amino acid chains A and B in the specification, as well as methods of creating cDNA that codes for, or makes, the desired insulin. UC claimed a variety of microorganisms containing the cDNA, but only disclosed rat cDNA in the specification. Eli Lilly argued in defense that the claims were invalid for failing to meet the written description requirement under 35 U.S.C. §112, ¶1. After a bench trial, the judge ruled in favor of Eli Lilly and held the patent claims invalid, which UC appealed.

Rule of Law

Issue

Holding and Reasoning (Lourie, C.J.)

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