In Bayer Cropscience AG v. Dow AgroSciences LLC, the Federal Circuit upheld the district court’s claim construction that interpreted “2,4-D monooxygenase” in accordance with its ¬†established scientific meaning, even though the exemplified embodiment was shown not to be a “monooxygenase.” This case illustrates the risks of functional claim language, particularly if the recited function is … Continue reading this entry