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On Feb. 11, 2021, the Federal Circuit affirmed the district court’s judgment as a matter of law (JMOL) that Amgen’s asserted claims to genera of antibodies were invalid for lack of enablement. Amgen Inc. v. Sanofi, No. 2020-1074, 2021 WL 501114 (Fed. Cir. Feb. 11, 2021). The panel consisting of Chief Judge Prost and Judges Lourie and Hughes unanimously affirmed the District of Delaware’s holding that undue experimentation would be required to practice the full scope of the claims-at-issue. Id.
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By Ben Clark
United States v. Arthrex, Inc.
Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.
By Siraj Husain
As intellectual property continues to influence business operations, more companies are considering defensive patent pools as a strategic measure to guard against threats that can stifle innovation and growth for both businesses and industries.
By Kelvin Han
Federal Circuit Wasn’t Chicken to Grant Equitable Intervening Right in Poultry Processing Equipment Case
A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term “protection of investments” in 35 U.S.C. §252.
By Howard Shire and Shaleen J. Patel
On March 12, the Federal Circuit granted Janssen Pharmaceutica’s motion to dismiss Mylan Laboratories’ appeal and denied Mylan’s request for mandamus relief, holding that it lacked jurisdiction to hear Mylan’s appeal.