Supreme Court Seems Ready To Uphold Ruling Against Amgen’s Anti-PCSK9 Antibody Patents
Justices question what Amgen’s invention covers in its dispute with Sanofi. They appear inclined to uphold Federal Circuit’s standard for enablement despite potential negative impact on genus claims.
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Supreme Court Finds Amgen’s PCSK9 Patent Claims Go Beyond What It Invented
In unanimous decision, court finds Amgen patent offered persons skilled in the art “little more than advice to engage in ‘trial and error.’” Lawyers say the ruling prevents function claims from monopolizing a therapeutic target and retains status quo on enablement requirement.
Supreme Court Declines ‘Skinny Label’ Case, But Teva To Continue Fight In District Court
Justice Kavanaugh voted to grant Teva’s petition for certiorari. It is unknown if other justices voted with him. The high court last month declined to hear Novartis's Gilenya patent case and Sanofi’s antitrust allegations against Mylan’s EpiPen rebate agreements.
Pharma Industry Wants USPTO To Hit Brakes On Changes To Patent Continuation Practice
AbbVie, Amgen, Genentech, Bristol-Myers Squibb and others call on the patent office to retain the current system for continuation applications in comments on the USPTO and FDA’s proposed initiatives.