Monday, October 31, 2005

Callicrate wins over Wadsworth; D. Montana reversed

In an infringement suit over patents for castrating large animals, patentee Callicrate prevailed on appeal against Wadsworth. The patents involved were US 5,236,434, 5,997,553, and 5,681,329.

A jury had found asserted claims anticipated, obvious, and not infringed, and D. Montana denied Callicrate's request for JMOL.

Defendant Wadsworth had argued that the '553 and '329 patents were anticipated by Wadsworth's 5,425,736. However, the '553 and '329 claimed priority to the '434, filed before the '736. Wadsworth argued the '434 did not satisfy 35 USC 112 P 1, written description. The CAFC addressed issues under 35 USC 112 P 1, enablement, and concluded there was enablement, citing Micro Chem, 194 F.3d at 1259 and Telectronics, 857 F2d 778.

Separately, the CAFC did not find substantial evidence to sustain the jury verdict of noninfringment.

The CAFC remanded for a determination of damages.


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