Intellectual Property Law

New Matter FALL 2023, VOLUME 48, EDITION 3


Naveed Hasan

Reichman Jorgensen Lehman & Feldberg LLP

[With contributions by Philip Eklem, Reichman Jorgensen Lehman & Feldberg LLP.]

This article discusses the Supreme Court’s decision in Amgen Inc. v. Sanofi1 as to the issues related to the enablement requirement of 35 U.S.C. § 112(a).2 In Amgen, the Court affirmed the Federal Circuit’s decision that Amgen’s patent claims did not satisfy the enablement requirement.3While the case primarily related to the enablement requirement of 35 U.S.C. § 112(a), it also relates to the public policy surrounding claim scope. This article addresses the Court’s analysis and its impact on claim scope.

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