Supreme Court Seems Ready To Uphold Ruling Against Amgen’s Anti-PCSK9 Antibody Patents
Justices question what Amgen’s invention covers in its dispute with Sanofi. They appear inclined to uphold Federal Circuit’s standard for enablement despite potential negative impact on genus claims.
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In unanimous decision, court finds Amgen patent offered persons skilled in the art “little more than advice to engage in ‘trial and error.’” Lawyers say the ruling prevents function claims from monopolizing a therapeutic target and retains status quo on enablement requirement.
Justice Kavanaugh voted to grant Teva’s petition for certiorari. It is unknown if other justices voted with him. The high court last month declined to hear Novartis's Gilenya patent case and Sanofi’s antitrust allegations against Mylan’s EpiPen rebate agreements.
AbbVie, Amgen, Genentech, Bristol-Myers Squibb and others call on the patent office to retain the current system for continuation applications in comments on the USPTO and FDA’s proposed initiatives.