reduction to practice : CAFC Alert

Under pre-AIA law, conception of a DNA segment is established by possession and appreciation, not completely accurate sequence knowledge

Bernadette McGann | November 20, 2013

Sanofi-Aventis v Pfizer, Inc.

November 5, 2013

Before Newman (Circuit Judge), Lourie (Circuit Judge) and Davis (District Judge). Opinion by Newman.


A patent is awarded to the first party to conceive and reduce to practice the invention.  When the invention is directed towards a DNA segment, conception requires possession and appreciation of the DNA segment that is claimed.  A completely correct sequence of the DNA segment is not the standard for establishing conception and reduction to practice.

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Non-enabling disclosure by first inventor of low defect single crystal was sufficient to defeat under 102(g) patent claim of subsequent inventor

Le-Nhung McLeland | December 12, 2012

The Fox Group, Inc. v. Cree, Inc.

November 28, 2012

Panel:  Newman, O’Malley, and Wallach.  Opinion by Wallach.  Dissent by O’Malley.


 (1)   Summary judgment in favor of defendant was affirmed with respect to asserted claims because (a) defendant was first to reduce to practice the claimed SiC single crystal, and (2) plaintiff did not produce sufficient evidence raising genuine issue of material fact to show that defendant suppressed or concealed the invention.

 (2)   Holding that unasserted claims were invalid was vacated.
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