The United States Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent community is collectively holding its breath, wondering if the Court will strike a deathblow to the biopharmaceutical industry—simultaneously making all patents harder to get and even easier to challenge than they already are. The Supreme Court does not have a strong track record of objectively getting patent issues correct, at least not from a pro-innovation standpoint, although the Justices and their supporters likely would disagree. The undeniable truth, however, is that since the Supreme Court issued its decision in eBay v. MercExchange, virtually every decision of consequence to the patent system has made patent rights weaker and patents themselves easier to successfully challenge.
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
Recent Posts
- Other Barks & Bites for Friday, March 31: Japan Restricts Chip-Making Exports, Ocado Scores UK High Court Win in Robotic Warehousing Case, and Judge Rejects Fair Use Defense for Internet Archive
- U.S. Government Sides with Teva in Skinny Label SCOTUS Fight
- Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing
- Software-Related U.S. Patent Grants in 2022 Remained Steady While Chinese Software Patents Rose 8%
- The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments