Amgen Inc. headquarters. Treatment of Antibody Claims In the U.S. After 'Amgen v. Sanofi'
The future of antibody claiming in the United States is uncertain following the U.S. Supreme Court's ruling in 'Amgen Inc. v. Sanofi,' a highly anticipated decision concerning enablement and whether the traditional way to claim antibodies — claiming antibodies by their function — will survive as a valid claiming strategy.
February 21, 2024 at 11:54 AM
8 minute read
Patent Litigation
What You Need to Know
- The bulk of the cases following Amgen at all levels from PTAB to the federal circuit focused on determining the scope of the claims at issue.
- Three cases have emerged which have called into question the means by which antibodies may be claimed in the future, if at all.
- While U.S. law is still uncertain on antibody claiming, protect antibodies using several different claim types with varying scope.
The future of antibody claiming in the United States is uncertain following the U.S. Supreme Court's May 2023 ruling in Amgen Inc. v. Sanofi, 598 U.S. 594 (2023), a highly anticipated decision concerning enablement and whether the traditional way to claim antibodies — claiming antibodies by their function — will survive as a valid claiming strategy.
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