Friday, September 09, 2005

In re Fisher: claim on ESTs rejected

In a significant case argued for the patent applicant by Seth Waxman, Fisher (real party: Monsanto) lost an appeal of a claim rejection of a claim relating to expressed sequence tags (ESTs).

The rejection was under 101 and 112, and the CAFC affirmed both grounds of rejection.

Among many cases cited are Kirk, 376 F2d 936 and Joly, 376 F2d 906. There is text about granting a hunting license.

ip-updates has the following text:

Professor Wegner calls the decision "a test case apparently designed by appellant Monsanto to create a tough utility standard for biotechnology fragments" that "is out of step with Europe and Japan and sets a model for developing countries seeking to emasculate patents for pharmaceuticals."

which would almost seem to suggest that Monsanto pursued the case with the objective of losing [?].


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