Billups-Rothenberg v. Assoc. Reg'l and Univ. Pathologists, Inc., No. 10-1401 (Fed. Cir. 2011)Annotate this Case
The district court found a patent for a genetic test for Type I hereditary hemochromatosis invalid and rejected a claim of infringement. The Federal Circuit affirmed. The patent did not satisfy the written description requirement of 35 U.S.C. 112, which requires the inventor to disclose the claimed invention so as to allow persons of ordinary skill in the art to recognize that the inventor invented what is claimed. Given the immaturity of the science at the time of filing, the filing represented a research plan; the requirement cannot be satisfied by later-acquired knowledge. The patent claim was also "anticipated;" every limitation was found either expressly or inherently in a prior application.