Singh v. Brake’s Empirical Analysis
2002
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 1295 · 35 U.S.C. § 102 · 35 U.S.C. § 112 · 35 U.S.C. § 141 · 5 U.S.C. § 706
Relies on Consolo v. Federal Maritime Commission · Eibel Process Co. v. Minnesota & Ontario Paper Co. · Dickinson v. Zurko · In re Gartside · Hybritech Inc. v. Monoclonal Antibodies, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“sequence can encode any of four amino acid sequences: Asp-Pro, Asp-Ala, Glu-Pro, or Glu-Ala, so (GAXYCX) n can encode 341 ( i.e., 4 0 + 4 1 + 4 2 + 4 3 + 4 4 ) different amino acid sequences. Thus, Singh argues that the Brake 1 formula covers 9548 ( i.e., 28 × 341) different species. 6 The Board properly discredited Falkinham's testimony on that point. Paragraph 9 of Falkinham's Declaration states:”
1 later decision quote this exact passage · from the majoritye.g. Singh v. Brake“the construct, producing a polypeptide having the sequence of amino acids encoded by the DNA. The sequence of the resulting polypeptide, like the DNA encoding it, is divided into three regions: the alpha-factor leader, the spacer sequence including either a lysine-arginine or an arginine-arginine two-amino acid block, and the amino acid sequence of the protein of interest (”
1 later decision quote this exact passage · from the majoritye.g. Singh v. Brake“Although there was a theoretical presentation of the n=0 construct in the Brake 1 application, there was a clear statement that `n' in the construct was `preferably 2 or 3' (column 3, line 25) or `usually 2 or 3' (column 2, line 68) ... One skilled in the art would have determined from the Brake specification that the n=0 construct was not desirable.”
1 later decision quote this exact passage · from the majoritye.g. Singh v. Brake
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.