Post-Priority-Date Evidence May Be Relevant to 35 U.S.C. § 112 Inquiry
Recently, the Federal Circuit reversed a jury decision upholding the validity of two Amgen patents directed to a large genus of antibodies that reduce LDL cholesterol. Amgen et al. v. Sanofi et al., No. 2017-1480. Defendants argued that the patents failed to satisfy the written description and enablement requirements under 35 U.S.C. § 112. The…