Insights

Does the Amgen Case Raise the Bar for Enablement?

Does the Federal Circuit’s February 2021 Amgen v. Sanofi decision signal an evolving skepticism by the court of patent claims directed to antibodies and other complex molecules? In Amgen v. Sanofi, the Federal Circuit found in favor of Sanofi holding that Amgen’s patent did not fairly describe how to make and use the full scope of claims reciting antibodies described solely by their function and not their structure. In this episode of Choate’s Life Sciences Insights podcast series, Eric Marandett and Rolando Medina review Amgen v. Sanofi and discuss strategies for how to successfully describe, claim, and assert antibody patents in the evolving legal landscape.

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