Federal Circuit Tries to Wrap Its Arms Around Functional Biotech Patent Claims
The court signaled this week that Amgen may have claimed its cholesterol-fighting antibodies too broadly. But one judge suggested it might be time for the court to rethink its law of enablement.
December 10, 2020 at 08:08 PM
7 minute read
Federal Circuit Judge Todd Hughes. (Photo: Diego M. Radzinschi/ALM) It doesn't sound as if Amgen Inc. is going to win its long-running patent battle with Sanofi and Regeneron Pharmaceuticals Inc. over cholesterol-busting antibodies.
But it does sound as if at least one judge at the U.S. Court of Appeals for the Federal Circuit is starting to question the court's rules for enabling biotechnology genus claims.
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