Caryn Borg-Breen

May 23, 2023 | jdsupra.com | Caryn Borg-Breen |Scott D. Marty |Margaret Brivanlou Ph.D

On May 18, 2023, the Supreme Court decided Amgen Inc., et al. v. Sanofi, et al., No. 2-1757, unanimously affirming decisions of the Federal Circuit and the District of Delaware finding for respondents Sanofi and Regeneron that petitioner Amgen’s patent claims directed to a genus of antibodies are invalid for lack of enablement under 35 U.S.C. § 112(a). According to the Court, Amgen’s patent claims did not describe the full scope of the antibody genus according to its structure.

May 22, 2023 | ballardspahr.com | Caryn Borg-Breen |Scott D. Marty |Margaret Bolce Brivanlou |Kenneth H. Sonnenfeld

Summary In Amgen v. Sanofi, the Supreme Court unanimously affirmed the District of Delaware and Federal Circuit findings that Amgen’s functionally defined patent claims to a class of therapeutic antibodies are invalid as lacking enablement in the specification. The decision has implications for procurement and enforcement of patents to biotechnology inventions.