Newsletter
| March 8, 2010
Ajinomoto Co. v. International Trade Commission
[W]hile not every preference constitutes a best mode for purposes of § 112, the preferred embodiment of the invention must be disclosed.
On March 8, 2010, the Federal Circuit affirmed the ITC decision that found the respondents did not violate 19 U.S.C. § 1337 because U.S. Patents No. 5,827,698 and No. 6,040,160, which related to L-lysine production with Escherichia coli genetically engineered to reduce or eliminate lysine decarboxlyase activity, are invalid under 35 U.S.C. § 112 for failure to comply with the best mode requirement.
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