PACIFIC BIOSCIENCES OF CALIFORNIA, INC. v. OXFORD NANOPORE TECHNOLOGIES, INC.

PACIFIC BIOSCIENCES OF CALIFORNIA, INC. v. OXFORD NANOPORE TECHNOLOGIES, INC., Appeal Nos. 2020-2155, 2156 (Fed. Cir. May 11, 2021).  Before Lourie, Taranto, and Stoll.  Appealed from D. Del. (Judge Stark).  (Enablement)

Background:

PacBio owns several patents directed to methods for sequencing nucleic acids using nanopore technology.  PacBio sued Oxford for infringement.  In March 2020, a jury found all asserted claims infringed but also determined that the claims were invalid under §112 for lack of enablement.  PacBio moved for JMOL on the enablement issue.  In denying the motion, the district court noted that a statement by one of Oxford’s experts that one of ordinary skill in the art would have been able to successfully perform the claimed methods was insufficient to establish enablement.

Issue/Holding:

Did the district court err in denying the motion for JMOL? (continue reading)

Summary by:  Chris Wheeler

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