Amgen v. Sanofi – Federal Circuit Focuses on Functional Claim Elements in Affirming Invalidity of Antibody Patent Claims as Not Enabled
Recently, the Federal Circuit affirmed the decision of the U.S. District Court for the District of Delaware holding claims covering two Amgen-owned patents invalid for lack of enablement under 35 U.S.C. § 112. Amgen Inc., v. Sanofi, 2021 U.S. App. LEXIS 3952 (Fed. Cir. 2021). The patents at issue are directed to antibodies that bind…