Haynes and Boone, LLP Lawyers David McCombs, Eugene Goryunov, Brooke Cohen and Dina Blikshteyn authored an article in Law360 on the U.S. Supreme Court’s decision in Amgen Inc. v. Sanofi that further clarified the patent enablement requirement.
Read an excerpt below:
In Amgen Inc. v. Sanofi, the U.S. Supreme Court in May further clarified the patent enablement requirement. At issue in the case were Amgen's patents that claimed a wide class of antibodies that perform two cholesterol-lowering functions. The patent specifications, however, described only 26 antibodies that would belong to that class.
The court held that the claims were not enabled because the specification failed to teach a person skilled in the art how to make and use the entire class. The court reasoned that while a patentee need not disclose every member of the class, the amount of experimentation required to find other members of the class must be "reasonable."
To read the full article in Law360, click here.