Am­gen files brief to Supreme Court ahead of oral ar­gu­ments — with in­dus­try am­i­cus sup­port

Am­gen is com­ing out swing­ing against Sanofi and Re­gen­eron in a Supreme Court case with sub­stan­tial im­pli­ca­tions.

In its brief filed Dec. 27, the Big Phar­ma laid out its case, say­ing among oth­er things that the Fed­er­al Cir­cuit’s stan­dard harms in­no­va­tion and al­ters the “ba­sic patent bar­gain” — deny­ing an in­ven­tor a patent based sheer­ly on the num­ber of pos­si­ble em­bod­i­ments, even if the patent’s dis­clo­sures teach the world how to “make and use” the claimed in­ven­tion. The crux of the case is around en­able­ment, which is es­sen­tial­ly if some­one “rea­son­ably skilled in the art could make or use the in­ven­tion from the dis­clo­sures in the patent cou­pled with in­for­ma­tion known in the art with­out un­due ex­per­i­men­ta­tion,” per the US Patent and Trade­mark Of­fice.

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