Can Biopharma Functional Genus Patent Claims Be Resuscitated?
By EsqSocial Corporation 30/04/21
An en banc rehearing petition to the Federal Circuit seeks to breathe life back into the widespread practice of patenting a genus of compounds by claiming their common functional characteristics. This claiming practice was put on life support earlier this year when the Supreme Court denied certiorari in Idenix v. Gilead, a case that invalidated Idenix’s functional genus claims under Section 112 of the patent statute. The en banc petition, filed by Amgen in a long-running spat with Sanofi and...
By: Haug Partners LLP