The Supreme Court decided Amgen Inc. v. Sanofi on May 18, 2023, nearly nine years after its decision in Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014). Amgen was concerned with the enablement statute of the patent law, 35 U.S.C. § 112. In comparison, Alice was concerned with the eligibility statute of the patent law, 35 U.S.C. § 101, and has been highly criticized for creating a mess of patent eligibility. At first glance, these cases are distinguishable from one another, since they deal with different aspects of the patent laws. However, statutory interpretation and analysis should be the same in both instances.
Recent Posts
- SCOTUS Rejects Three-Year Limit on Copyright Damages But Sidesteps Accrual Question
- G+ Communications v. Samsung: The Perils of Being ‘Half-Committed’ to FRAND
- Four Factors to Consider When Deciding Whether to Use Trade Secrets
- The CRISPR Battle Through the Lens of International Patent Harmonization
- The Case for Using Filing Dates Instead of Expiration Dates to Determine Obviousness-Type Double Patenting (Part I)