HARMONIZING THE DOCTRINES OF ENABLEMENT AND OBVIOUSNESS IN PATENT LITIGATION

Abstract

This Article examines the balance between advancing one's arguments that a patent is invalid for lack of enablement and also arguing that a patent is invalid under 35 U.S.C. § 103 as being obvious over the prior art.  This is significant with regards to arguments made by an expert in his or her expert report or at trial.  A clear litigation strategy is thus recommended prior to reaching the expert report stage in a patent litigation.