Follow Us

Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Intellectual Property Litigation Patent Litigation

Implications of 'Amgen v. Sanofi' On the State of Enablement Law

The decision appears to take steps to harmonize the prior cases that appropriately were guided by the Wands factors with the cases discussing the “full scope” of enablement that have engendered some confusion in the law.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

To continue reading,
become a free ALM digital reader

Benefits include:

*May exclude premium content

Read These Next