Category Archives: Enablement

Supreme Court Voids Amgen’s Patents using “Undue Experimentation” Standard

In Appeal no. 21-257 (May 18, 2023), the Supreme Court affirmed the judgement of the Fed. Cir. by ruling that all of the claims of Amgen’s U.S. Patent nos. 8,829,165 and 8,859, 741 were invalid due to their failure to … Continue reading

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Amgen v. Sanofi – How Wands Factors make Biotech Claims “Magically” Disappear

While this recent Fed. Cir. decision – Amgen Inc. v. Sanofi, Appeal No. 2020-1074 (Fed. Cir., Feb. 11, 2021) seems predictable, given the fate of antibody claims that recite the target and the function of antibody binding thereto, there are … Continue reading

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AAM v. Neapco – Part III – The Dissent Faces a “Perfect Storm” of Conflated Doctrines

Since most of my last post discussing Judge Moore’s dissent focused on her criticism of the majority’s conclusion that the claimed invention—placing a tuned liner into a hollow “propshaft” to attenuate two modes of vibration—was directed to Hooke’s law and … Continue reading

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Wyeth v. Abbott Labs. – Picking Plaintiff’s Poison

In July of 2011, I wrote a post for this blog on BSC v. J&J, a Fed. Cir. decision in which four J&J patents claiming stents eluting rapamycin, a drug that inhibits restenosis after balloon angioplasty, were held invalid for … Continue reading

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