Claim Construed According To Accepted Scientific Meaning Where Specification And Prosecution History Did Not Justify Alternative Construction

In Bayer CropScience AG v. Dow AgroSciences, LLC, No. 13-1002 (Fed. Cir. Sept. 3, 2013), the Federal Circuit affirmed the district court's SJ of noninfringement because it did not accept the patent owner's proposed claim construction.

U.S. Patent No. 6,153,401 ("the '401 patent"), owned by Bayer CropScience AG ("Bayer"), relates to genetically modifying plants to render them resistant to the commonly used herbicide, 2,4-dichlorophenoxyacetic acid ("2,4-D"). The method involves inserting into plant cells a gene encoding an enzyme that can break down the 2,4-D herbicide into harmless products by converting it to 2,4-dichlorophenol ("2,4-DCP"). The '401 patent discloses the first identified gene encoding such an enzyme and describes a "growth test" for isolating it.