Amgen Petitions for En Banc Rehearing for Federal Circuit to Reconsider Enablement of Genus Claims
By EsqSocial Corporation 04/05/21
As we reported last month, the Federal Circuit panel in Amgen v. Sanofi affirmed the district court’s judgment as a matter of law invalidating genus claims in U.S. Patent Nos. 8,829,165 and 8,859,741 that recite functional limitations covering Amgen’s cholesterol medication Repatha® by focusing on full scope enablement. Now, Amgen has filed a petition for en banc rehearing arguing that the panel improperly created a new and heightened test for enablement of genus claims with functional...
By: Kilpatrick Townsend & Stockton LLP