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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