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Patent Enablement Requirements In Genus Claims

On appeal, Amgen argued inter alia, that the embodiments in the patent are structurally representative for the purpose of fulfilling the written description requirement CAFC disagree. Supreme Court assessed if CAFC applied a heightened enablement standard to genus claims.

The Supreme Court Grapples with Patent Enablement - April 2023 | McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court heard oral argument in Amgen v. Sanofi last week in an extended session with argument from the parties and the U.S. government.  Petitioner was represented by Jeffrey.

The Supreme Court Arguments on ‎Enablement in Amgen v Sanofi | Locke Lord LLP

The oral arguments at the Supreme Court in Amgen v. Sanofi did not make the ultimate decision clear but did clarify many of the likely issues to be addressed.

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