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USPTO Provides Guidance in Light of Amgen v. Sanofi

JD Supra Law

Supreme Court’s May 2023 decision in Amgen, Inc. Sanofi (Amgen) sent shock waves through the patent world, particularly in the chemical and biotech segments, due to its invalidation of Amgen patents based on a lack of enablement.

Patent 76
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5 Takeaways from the U.S. Supreme Court Decision in Amgen v. Sanofi

JD Supra Law

Supreme Court’s unanimous decision in Amgen Inc. Sanofi (referred to as the Amgen decision) likely makes it more difficult for life sciences companies to obtain broad patents claiming an entire genus of antibodies that perform a specified function. By: Procopio, Cory, Hargreaves & Savitch LLP

Patent 98
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Shaping the Future of Patent Law: The Amgen v. Sanofi Decision and Bite-Sized Monopolies

Patently-O

.” In a unanimous opinion delivered by Justice Gorsuch, the Supreme Court has affirmed the Federal Circuit’s decision invalidating Amgen’s functionally claimed genus of monoclonal antibodies. The case in question is Amgen Inc. Sanofi , 22-157, — U.S. — (2023) ( 21-757_k5g1 ).

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Stroke of Genus: Amgen Inc. v. Sanofi

JD Supra Law

Supreme Court recently struck down broad patent claims covering a “genus” of antibodies, reaffirming in a 9-0 decision that a patent must “enable” the full scope of its claims (Amgen Inc. Amgen, Inc., Amgen) a biopharmaceutical company, had developed cholesterol-lowering antibody drugs, and obtained two patents.

Patent 52
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Enablement Bar for Drug Patents

JD Supra Law

On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. The Court thus left in place a significant CAFC decision making it more difficult for drug companies to block competitive products in the United States that are functionally equivalent, but structurally different.

Patent 64
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Amgen, Samsung Test Blood Drug Patent In 'Biosimilars' Race

IP Law 360

Drugmakers Amgen Inc. and Samsung Bioepis have filed separate claims seeking to invalidate a patent vital for treating the ultra-rare blood disorder drug Soliris, as the two companies vie to bring so-called biosimilars of the treatment to market.

Patent 52
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Client Alert: Supreme Court Affirms High Enablement Bar for Drug Patents

JD Supra Law

On May 18, 2023, the Supreme Court affirmed the Federal Circuit’s (CAFC) decision on enablement in Amgen Inc. The Court thus left in place a significant decision making it more difficult for drug companies to block competitive products that are functionally equivalent, but structurally different. Sanofi, 987 F.3d

Patent 55