Tag 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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The Unacknowledged Role of Section 112 in the Myriad Decisions

Guest post from Paul Cole, Lucas & Co., UK; introduction by Warren Woessner. In this interesting note, Paul Cole explores the possible effect on the Fed. Cir. and Supreme Court’s decisions about the patent-eligibility  of “genomic DNA” of the arguable … Continue reading

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