Popular, Patents, SCOTUS

Supreme Court Holds Invalid Cholesterol Drug Patent That Covered Millions of Undisclosed Antibodies

Manatt, Phelps & Phillips, LLP on 5/22/2024

In Amgen Inc. v. Sanofi, the Supreme Court unanimously held that “[i]f a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent specification must enable a person skilled in...more

In Re Cellect: What’s The Issue and What to Expect

Foley Hoag LLP on 5/16/2024

What Congress has guaranteed, the courts have taken away - The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case...more

USPTO Provides Guidance in Light of Amgen v. Sanofi

Procopio, Cory, Hargreaves & Savitch LLP on 1/19/2024

The U.S. Supreme Court’s May 2023 decision in Amgen, Inc. v. Sanofi (Amgen) sent shock waves through the patent world, particularly in the chemical and biotech segments, due to its invalidation of Amgen patents based on a...more

Clarity May Be Around the Corner for Antitrust Scrutiny of Reverse Payment Settlements

Axinn, Veltrop & Harkrider LLP on 12/7/2023

In the ten years since the Supreme Court ruled in Federal Trade Commission v. Actavis that reverse payment settlements—or settlements where a patent holder pays an accused patent infringer cash or other consideration to end...more

In the Wake of the Supreme Court's Amgen v. Sanofi decision: What’s Next for Biotechnology Claims?

McDonnell Boehnen Hulbert & Berghoff LLP on 10/3/2023

Section 112 of the patent statute, which in earlier years was something of a backwater in patent law, has had a tumultuous quarter century beginning with the Federal Circuit decision in Regents of the University of California...more

Can Enablement and Written Description Bars be Lower for Method-Of-Treatment Patent Claims?

Mintz - Intellectual Property Viewpoints on 8/24/2023

Patent offices may reject a patent application with claims reciting using a composition to treat a disease, based on the requirement that the claimed treatment is not fully supported by the application. In the U.S., such...more

Amgen v. Sanofi Ruling: Supreme Court Upholds Existing Legal Framework for Patent Enablement

Saul Ewing LLP on 6/12/2023

On May 18, 2023, the Supreme Court unanimously affirmed the Federal Circuit's decision, Amgen Inc. v. Sanofi, 987 F.3d 1080 (Fed. Cir. 2021), that the claims of two of Amgen's patents were invalid for lack enablement. The...more

Enablement Unchanged: Amgen v. Sanofi and the Future of Software Patents

Levenfeld Pearlstein, LLC on 6/1/2023

In a unanimous ruling, the Supreme Court of the United States (SCOTUS) addressed the enablement requirement under Section 112 of the Patent Act, placing this into sharper focus with the Amgen v. Sanofi case. This landmark...more

Amgen v. Sanofi and Points Beyond

Burns & Levinson LLP on 5/31/2023

A week ago Thursday, the Supreme Court issued its decision in the Amgen v. Sanofi case, affirming the judgment of the Court of Appeals for the Federal Circuit, that the claims of the two patents Amgen asserted against Sanofi...more

5 Takeaways from the U.S. Supreme Court Decision in Amgen v. Sanofi

Procopio, Cory, Hargreaves & Savitch LLP on 5/23/2023

The U.S. Supreme Court’s unanimous decision in Amgen Inc. v. Sanofi (referred to as the Amgen decision) likely makes it more difficult for life sciences companies to obtain broad patents claiming an entire genus of antibodies...more

Supreme Court Renders Decision in Amgen v. Sanofi: Three Takeaways

McDonnell Boehnen Hulbert & Berghoff LLP on 5/19/2023

The Supreme Court handed down its decision in Amgen v. Sanofi today. In Justice Gorsuch’s unanimous opinion, the Court held that the scope of the claims at issue were much broader than the 26 expressly disclosed antibodies....more

Supreme Court Decides Amgen v. Sanofi; Status Quo Extended

McDonnell Boehnen Hulbert & Berghoff LLP on 5/19/2023

The Supreme Court handed down its decision in Amgen v. Sanofi today. In Justice Gorsuch’s unanimous opinion, the Court held that the scope of the claims at issue were much broader than the 26 expressly disclosed antibodies....more

Amicus Briefing in Amgen v. Sanofi: The Rest of the Story - Part III

McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2023

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v....more

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on 12/16/2022

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Patent Considerations and the Metaverse

ArentFox Schiff on 10/31/2022

The Metaverse presents a variety of possibilities: from technology that enables digital content to be laid over the real world to application of real-world characteristics to a purely online environment. It is also a...more

Patenting Fintech: ArentFox Schiff Obtained Patent for Secure Crypto Wallet and Cryptocurrency Payment Protocol

ArentFox Schiff on 8/5/2022

The use of cryptocurrencies for online purchases has been steadily gaining popularity. However, using crypto to pay for goods in stores has been slow due to the lack of infrastructure that can support crypto transactions....more

Medical Device Patentee Petitions Supreme Court Regarding On-Sale Bar and Price Quotes

Knobbe Martens on 7/14/2022

A medical device patentee has asked the U.S. Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention...more

Supreme Court Sets Boundaries for Assignor Estoppel in Minerva Surgical v. Hologic

Fitch, Even, Tabin & Flannery LLP on 7/9/2021

The U.S. Supreme Court’s June 29 decision in Minerva Surgical, Inc. v. Hologic, Inc. has important implications for inventors who assign patent rights, employers to whom employees assign patent rights, other assignees, and...more

U.S. Supreme Court Issues Ruling in Return Mail v. U.S. Postal Service Prohibiting Federal Agencies from Seeking AIA Review

McDonnell Boehnen Hulbert & Berghoff LLP on 6/11/2019

In a 6-3 decision rendered earlier on June 10, 2019, the Supreme Court decided that federal agencies are not “persons” who can petition for post-issuance review of patents under the America Invents Act (AIA). Thus, the...more

License To Sell Kills Patent: Supreme Court Holds Confidential Sales May Invalidate Patents In Helsinn Healthcare S.A. V. Teva...

McCarter & English, LLP on 1/25/2019

Can a confidential agreement between a pharmaceutical company and a distributor constitute a patent-invalidating offer for sale of a pharmaceutical product, even if information about the product is never revealed to the...more

Supreme Court Denies Certiorari in Amgen v. Sanofi

McDonnell Boehnen Hulbert & Berghoff LLP on 1/17/2019

The Supreme Court denied certiorari last week in Amgen Inc. v. Sanofi, in a case that asked the Court to review the Federal Circuit's jurisprudence related to the written description requirement of 35 U.S.C. § 112(a)....more

Will the Supreme Court Finally Let Trademarks Join their Intellectual Property Brethren In the Protection Provided Under the...

Dorsey & Whitney LLP on 11/9/2018

Earlier this year, we wrote about the First Circuit’s decision in In re Tempnology, LLC, a bankruptcy case in which the First Circuit cemented a circuit split over whether a trademark licensee could retain its trademark...more

Today's Popular Updates › Patents › Supreme Court of the United States