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Post-Amgen Patent Playbook: Section 112 Under the Microscope

The Supreme Court’s unanimous 2023 decision in Amgen v. Sanofi reshaped enablement analysis for broad genus patent claims. In the wake of Amgen, broad functional claims have been scrutinized rigorously for sufficient disclosure. This article summarizes key post-Amgen decisions, which illustrate how patent drafters and litigators must navigate the fine line between claim breadth and disclosure depth in the post-Amgen era.

12 minute readApril 30, 2025 at 11:07 PM
By
Stephen R. Auten
Jaimin H. Shah
& Roshan P. Shrestha, Ph.D.
Post-Amgen Patent Playbook: Section 112 Under the Microscope

The Supreme Court’s unanimous 2023 decision inAmgen v. Sanofi, 598 U.S. 594 (2023), reshaped enablement analysis for broad genus claims under 35 U.S.C. §112. There, Amgen’s evolocumab (Repatha®) patents

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