Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc.

Nucleic acids DNA and RNA are made of a series of building blocks, called nucleotides, linked together in a chain. Hybridization techniques are used to detect the presence of certain nucleic acid sequences of interest, i.e., target sequences, such as genetic alterations. In such procedures, scientists use a hybridization “probe”—i.e., a labeled polynucleotide that is hybridizable and remains detectable after hybridization occurs—that is sufficiently complementary to the target sequence. The probe will hybridize with the target sequence if the target sequence is present, and the label on the probe then allows scientists to detect the hybridized probe. Nucleic acid hybridization was well understood by the 1982 claimed priority date of the patents at issue. The prevailing method of labeling probes at that time was via radioactive labeling. Enzo filed a patent application covering non-radioactive labeling at additional positions on a nucleotide. Both patents at issue generally relate to the use of non-radioactively labeled polynucleotides in nucleic acid hybridization and detection applications. The Federal Circuit affirmed a holding that the asserted claims are invalid for lack of enablement. Patent protection is granted in return for an enabling disclosure of an invention, not for vague intimations of general ideas that may or may not be workable. View "Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc." on Justia Law