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ARTICLE · 13 NOVEMBER 2013

Federal Circuit Patent Updates - November 2013

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Sanofi-Aventis v. Pfizer Inc. (No. 2012-1345, 1/5/13) (Newman, Lourie, Davis [of the E.D. Tex., sitting by designation]) =

United StatesIntellectual Property
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Sanofi-Aventis v. Pfizer Inc. (No. 2012-1345, 1/5/13) (Newman, Lourie, Davis [of the E.D. Tex., sitting by designation])

November 5, 2013 6:11 PM

Newman, J. Affirming award of priority in an interference. Priority of conception was proven by the isolation of the clamed polynucleotide even without a completely accurate analysis of the entire nucleotide sequence at the time due to sequencing errors that were later corrected. "We conclude that the Board correctly based conception and reduction to practice on the possession of the isolated DNA segment that was shown to have the desired properties. When the subject matter is a DNA segment, conception requires possession and appreciation of the DNA segment that is claimed." "Discussing the consequences of Pfizer's flawed sequence analysis that was corrected after the Sanofi priority date, the Board stated that "[f]or proteins and polynucleotide species, a sequence is the gold standard for identifying species with

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