By Memorandum Opinion entered by The Honorable Leonard P. Stark in Enzo Life Sciences, Inc. v. Abbott Laboratories et al., Civil Action No. 12-274-LPS (D.Del. August 18, 2017 (public version), the Court granted Defendants Abbott Laboratories and Abbott Molecular, Inc.’s Motion for Summary Judgment of Invalidity of U.S. Patent No. 8,097,405 (“the ‘405 patent”) for Nonenablement. “Enablement” requires the specification of a patent to “teach those of skill in the art how to make and how to use the invention as broadly as it is claimed.” Id.at *15 (quoting In re Goodman, 11 F.3d 1046, 1050 (Fed. Cir. 1993). “To prove a claim is invalid for lack of enablement, a challenger must show by clear and convincing evidence that a person of ordinary skill in the art would not be able to practice the claimed invention without ‘undue experimentation.’” Id. (quoting Alcon Research Ltd. v. Barr Labs., Inc., 745 F.3d 1180, 1188 (Fed. Cir. 2014). After applying the foregoing standard to the record evidence and having taken that evidence in the light most favorable to the plaintiff, the Court concluded that there was no genuine dispute of fact and “the only conclusion a reasonable jury could reach is that clear and convincing evidence proves the ‘405 patent is invalid for nonenablement.” Id. The Court also explained how its prior conclusions in a related case, Enzo Life Sciences, Inc. v. Gen-Probe Inc., Civil Action No. 12-104-LPS, factored into its finding of nonenablement with respect to the ‘405 patent. Id.at *15-16.
A copy of the Memorandum Opinion is attached.