The U.S. Supreme Court’s unanimous decision in Amgen Inc. v. Sanofi (referred to as the Amgen decision) likely makes it more difficult for life sciences companies to obtain broad patents claiming an entire genus of antibodies...more
5/23/2023
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Biotechnology ,
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Patent Invalidity ,
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Written Descriptions
The U.S. Supreme Court is considering whether an Amgen patent is invalid for not meeting the enablement requirements of Section 112(a). It claims antibodies by functional antigen binding and does not disclose the full range...more
U.S. Supreme Court Will Decide This Year -
In this year’s foray into patent law, the Supreme Court will decide whether Amgen’s patent that claims antibodies by functional antigen binding and does not disclose the full...more
Intellectual property offices in the United States, Japan, India and Taiwan are streamlining the patent application process, seeking to make obtaining a patent easier and more cost-effective. Changes could be in the...more
From the moment he first took the bench in the Waco Division of the United States District Court for the Western District of Texas four years ago, Judge Alan Albright made it known that he welcomed the filing of patent cases...more
District courts continue to issue thought-provoking decisions relating to enhanced damages in patent cases. Recently William Alsup of the Northern District of California weighed in on several issues. The focus of Judge...more
The split among district courts as to whether the filing of a patent infringement complaint provides notice to a defendant of its infringing conduct sufficient to support a claim of willful infringement was the subject of a...more
In a new precedential Federal Circuit decision, Kyocera Senco Industrial Tools Inc. v. ITC, that impacts both patent prosecutors and litigators, the court again demonstrated the reach of its recent expansion of language that...more
What standard do U.S. courts apply in deciding claims for willful patent infringement and enhanced damages? Learn tips on how to avoid such damages, as well as a summary of the critical SRI International v. Cisco Systems...more
Forum shopping among patent owners pursuing claims for patent infringement is widespread. One factor a plaintiff may consider in selecting a forum arises out of a split among district courts that the Federal Circuit has yet...more