By Kevin E. Noonan — The Federal Circuit continues its recent run of decisions extending the reach of the enablement requirement of 35 U.S.C. 112(a) to invalidate patents in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (albeit in this case, affirming denial of motion for JMOL in the face of a jury verdict of non-enablement). The matter arose when Pacific Biosciences asserted U.S. Patent Nos. 9,546,400 and 9,772,323 directed to methods for sequencing nucleic acid (DNA) using nanopore technology. As explained in the opinion, the DNA being sequenced passes through the nanopores causing a change in electrical…
