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« In re Fisher: EST Utility Redux | Main | Invitrogen Corp. v. Clontech Laboratories, Inc. (Fed. Cir. 2005) »

October 27, 2006


I have a question. Suppose that claims 3 and 12 were allowed as written.

Now if I change a fewer than 5% of amino acids or nucleotides in the sequence and want to use them in research/pharmaceutical drug, Do I have to go around cheking every natural malate dehydrogenase to see if I may be infringing these claims? Or for that matter, does the Patentee have to show that a natural variant of my sequnce exists to prove infringement?

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