This week in Other Barks and Bites: the D.C. Court of Appeals finds that the Administrative Procedures Act waives sovereign immunity in the context of copyright rule promulgation; the U.S. Chamber of Commerce calls out Bernie Sanders for abusive subpoenas targeting a pharmaceutical executive at Novo Nordisk; and more.
The Court held that Amgen had not provided adequate guidance to make and use the claimed antibodies beyond the narrow scope of the working examples although there is no statutory requirement. Court endorsed undue experimentation test for the enablement requirement:
US Court of Appeals for the Federal Circuit upheld a jury verdict of non-enablement because a skilled artisan would have only known how to successfully practice a narrow range of the full scope of the nucleic acids covered by the asserted claim at the time of the invention.