A Heightened Bar: Federal Circuit Leaves Functional Antibody Claims on Thin Ice
By EsqSocial Corporation 25/02/21
In a precedential opinion in Amgen Inc. et al. v. Sanofi, Aventisub LLC, et al., No. 20-1074 (Fed. Cir. 2021) issued on February 11, 2021, the Federal Circuit affirmed the decision of the United States District Court for the District of Delaware granting JMOL that Amgen’s Repatha® patents (U.S. Patent Nos. 8,829,165 and 8,859,741) were invalid for lack of enablement. The district court’s grant of JMOL overturned a jury verdict finding Amgen’s claims were not invalid for lack of enablement....
By: Rothwell, Figg, Ernst & Manbeck, P.C.