AIPLA Files an Amicus Brief at the Supreme Court in Amgen v. Sanofi

Written February 14, 2023

Arlington, VA. February 14, 2023 - The American Intellectual Property Law Association (AIPLA) filed an amicus brief at the Supreme Court in Amgen v. Sanofi. 


The brief argues that the Federal Circuit applied established law for judging the enablement of genus claims that use functional language to conclude that Amgen’s patents were invalid under 35 U.S.C. 112(a). The brief refuted Amgen’s contention that the Federal Circuit required disclosure of “all” possible embodiments to enable genus claims, but rather applied the factors from In re Wands to decide whether the patent disclosed those embodiments that teach a person of skill in the art to make and use the invention.  The brief urged the Court to confirm that the Wands factors are important considerations in determining whether a specification adequately describes the invention in full, clear, concise, and exact terms to enable one of ordinary skill to make and use the invention as claimed. 



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