Skilled in the Art: Amgen and Sanofi Go Back to the Biotech Future at the Federal Circuit + Crowell Helps Vizzy Score Trademark Win Over Brizzy
It's the Battle of Big Pharma, again, at the Federal Circuit.
December 04, 2020 at 04:58 PM
8 minute read
Welcome to Skilled in the Art. I'm Law.com IP reporter Scott Graham. Here's what's crossing my desk this week:
- It's the Battle of Big Pharma as Amgen, Sanofi and Regeneron return to the Federal Circuit to fight over ground rules for antibody patents, with Bristol-Myers Squibb, Merck, Eli Lilly and Pfizer along as amici.
- BlackBerry faces the first of two big hurdles to revive its messaging patent suit against Facebook and Snap.
- Vizzi overcomes Brizzi in the early round of a trademark dispute over hard seltzer drinks.
- CareDx organ transplant patents still eligible following extra judicial scrutiny.
As always you can email me your feedback and follow me on Twitter.
Arnold & Porter's Matt Wolf, left, and MoloLamken's Jeff Lamken Who's Arguing—Back to the Biotech Future
I will never forget the first Federal Circuit argument over Amgen's Repatha cholesterol drug patents. Three years ago, Paul Clement and Daryl Joseffer squared off in a courtroom packed so tight with bio-pharma industry lawyers that people took seats on the stairs.
Now, following a second trial, Amgen v. Sanofi is returning to the appellate court. The companies have new counsel, the arguments will be telephonic rather than live, and the issue now is enablement rather than written description. But the case is once again raising cutting-edge questions about how to patent antibody-based therapies.
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