Amgen v Sanofi: Scotus grapples with enablement


Muireann Bolger

Amgen v Sanofi: Scotus grapples with enablement

JHVEPhoto /

As the US Supreme Court probed the key issue of enablement in Amgen v Sanofi, patent lawyers shared their views on the much-anticipated hearings.

The showdown between Amgen and Sanofi concerning the proper test for enablement under Section 112 of the US Patent Act has finally taken place at the US Supreme Court.

The patents at the heart of the high-profile dispute between the two pharma companies deal with a special class of drugs (monoclonal antibodies) and a special class of patent claims (functional or genus claims).

Yesterday, on March 27, the court examined the following question:

Amgen, Sanofi, SCOTUS, enablement, patents, dispute, US Patent Act, US Court of Appeals for the Federal Circuit, certiorari, oral argument