Absent Full Scope Of Enablement, Broad Claims Fail

Following two recent cases applying the doctrine requiring that broad claims be fully enabled by the specification, the U.S. Court of Appeals for the Federal Circuit again applied the doctrine, invalidating patent claims that had been broadly construed but not sufficiently enabled by the patent specification under 35 U.S.C. 112, ¶ 1. Sitrick v. Dreamworks, LLC, Case No. 07-1174 (Fed. Cir. Feb. 1, 2008) (Moore J.)

Inventor David Sitrick's two patents involve substituting or integrating a user's audio signal or visual image into a pre-existing audiovisual presentation. Sitrick sued the defendant movie producers and distributors for releasing DVDs that included the allegedly infringing product called "ReVoice Studio." The district court granted the defendants' summary judgment motion that all the asserted claims were invalid for lack of enablement. Sitrick appealed.