Regents of the University of California v. Eli Lilly & Co.

The University of California (UC) (plaintiff) sued Eli Lilly (defendant) for infringing a patent on gene sequences used to make human insulin's two amino-acid chains. UC's patent specification disclosed only rat cDNA and a general method for making the desired cDNA, yet its claims covered a broad genus of microorganisms containing human and other vertebrate insulin cDNA. Eli Lilly argued the claims were invalid for failing the written description requirement of 35 U.S.C. § 112, ¶ 1, and after a bench trial the judge agreed and invalidated the patent; UC appealed.