Soy Meal a “Dead Material”- No Functional DNA

A Patent Infringement suit was filed by Monsanto Technology LLC against Cefetra, Vopak Agencies and Alfred C. Toepfer International GmbH, for exporting soy meal from Argentina to European Community. The judgement was carried out by the court of justice of European Communities “Grand Chamber”. Preliminary ruling under Article 234 EC from the Rechtbank’s'Gravenhage (Netherlands). Introduction: Monsanto’s European patent EP0546090 (‘090) granted on 19 June 1996, discloses “Glyphosate tolerant 5-enolpyruvylshikimate-3-phosphate synthases”, the patent being valid, inter alia, in Netherlands. Glyphosate, a non-selective herbicide, exhibits an anti-growth effect on plants by inhibiting Class I enzyme 5-enol-pyruvylshikimate-3-phosphate synthase (also called ‘EPSPS’). As a result... Read More

“Clear and Convincing Evidence”

Case “Microsoft Vs i4i” interests me as I saw the recent Supreme Court decision to hear this case again. Long story in short, i4i filed a patent in 1994 and gets granted on 07/98 (US 5,787,449). ‘449 relates to a system and method for the separate manipulation of the architecture and content of a document, particularly for data representation and transformations. Interestingly, Microsoft, in its new product, described the new feature as “truly integrate your documents with business processes and business data,” and explained the role of XML Data Store in MS Office 2007 documents. Unfortunately, description of the MS... Read More

Claim Construction – Interpretation to Determine Obviousness

The present case relates to reexamination (Reexamination No. 90/008,482) of US Patent No. 5, 236, 503, referred to as ‘503 hereinafter. The concerned Applicant GLATT AIR TECHNIQUES, INC. (referred to as Glatt hereinafter) appealed against the order of the Board of Patent Appeals and Interferences, which was decided on 5’th Jan 2011. As an introduction, a third party requested ex parte reexamination of the patent. The U.S. Patent and Trademark Office (“PTO”) granted reexamination as to claims 5-8 and 10 of the ’503 patent. During reexamination, Glatt canceled claims 6, 7, and 9-11, limiting the reexamination to un-amended claim 5... Read More