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Fitch Even IP Alert: Don't Get "Ahead of the Science" When Drafting Patent Claims, Says the Federal Circuit

by Michael E. Dukes . Last week, in Bayer Cropscience AG v. Dow Agrosciences LLC [ an enhanced version of this opinion is available to lexis.com subscribers ], the Federal Circuit held that the patentee "got ahead of the science" when it drafted its patent. Because the patent used an inaccurate...