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Description

Abstract: A company held patents on a resin that was composed of several components. The patent, however, didn’t disclose one component and, for the components listed, it disclosed ranges of concentrations rather than the precise recipe. When it later filed suit against another company for patent infringement, the defendant asserted that there was no patent protection, because the plaintiff had failed to establish the “best mode” of practicing the claimed invention. This article looks at the Federal Circuit’s decision. Wellman, Inc. v. Eastman Chemical Co., No. 2010-1249, April 29, 2011 (Fed Cir.)