Justices Narrow Patent Enablement Scope in Amgen-Sanofi Case (3)

May 18, 2023, 2:18 PM UTCUpdated: May 18, 2023, 8:45 PM UTC

The US Supreme Court affirmed the narrow scope of a patent law requirement known as “enablement,” siding with Sanofi and Regeneron Pharmaceuticals Inc. in their dispute with Amgen Inc. over cholesterol drugs.

The justices unanimously upheld the US Court of Appeals for the Federal Circuit’s decision finding Amgen’s patents invalid.

The ruling preserves a narrow interpretation of a requirement that patents must contain enough information to enable someone with expertise in the field to make and use the invention. The court clarified that drug patents needn’t specify all potential antibodies they intend to protect. But it said Amgen’s two canceled ...

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