Late last week, a slew of additional amicus briefs were filed with the U.S. Supreme Court in Amgen v. Sanofi, a closely-watched case that will consider the scope of the enablement inquiry under 35 U.S.C. § 112. More than 30 amici in total have now weighed in on the case. The Court granted certiorari in November 2022 over the U.S. Solicitor General’s recommendation to deny the petition. The justices granted cert on one of the two questions presented.
Enablement
- The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments
- What I’ll Be Watching for in the Amgen Oral Arguments
- Amgen Reply Brief Addresses Mischaracterizations by Sanofi, U.S. Government on Proper Enablement Inquiry for Genus Claims
- Will the Supreme Court Save Biopharma from CAFC Enablement Insanity?
- Amici for Sanofi Add Their Two Cents as Amgen’s Day in High Court Approaches
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- The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments