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.

Apr 21, 2023 | jdsupra.com | Caryn Borg-Breen

April 21, 2023 To embed, copy and paste the code into your website or blog: Following the formal request of the Office of the U.S. Trade Representative (USTR) last December, the USITC is soliciting public comment on the proposed expansion of the June 2022 WTO TRIPS Agreement waiving IP for COVID-19 vaccines to include diagnostics and other therapeutics.

Apr 20, 2023 | ballardspahr.com | Caryn Borg-Breen

Summary The U.S. International Trade Commission (USITC) is soliciting public comment on the proposed expansion of a June 2022 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) waiving IP rights for COVID-19 vaccines to include diagnostics and other therapeutics. The Upshot The USITC’s report will likely determine the U.S. position on the proposed TRIPS waiver expansion.