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1. Janssen Pharmaceutica N.V. v. Teva Pharms. USA, Inc. (In re '318 Patent Infringement Litig.), 2008-1594, 2009-1070, 2009-1088, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, September 25, 2009, Decided
OVERVIEW: Where a patent specification for treating Alzheimer's disease, even read in the light of the knowledge of those skilled in the art, only stated a hypothesis and proposed testing on animals and humans, the patent did not satisfy the enablement requirement of 35 U.S.C.S. § 112, para. 1, because the application did not establish utility.
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