Supreme Court Affirms Federal Circuit Decision In Amgen v. Sanofi

• Jurisdiction: United States,Federal
• Author: Mr Richard D. Kelly
• Law Firm: Oblon, McClelland, Maier & Neustadt, L.L.P
• Published date: 29 May 2023

In a unanimous opinion the Court decided that the Federal Circuit's decision was correct.

The Court noted that that while the amino acid sequence of an antibody may be known, they have three-dimensional shapes and simply because and antibody may bind an antigen it does not necessarily mean it can block the antigen. The Court quoted Amgen's expert testimony that going from the sequence to the three-dimensional structure is not fully understood and will get someone a Nobel prize for translating structure into a three-dimensional structure. The Court as it often does in patent cases began with a review of the history of the enablement requirement noting it had remained essentially unchanged from the 1790 statue. It quoted from United States v. Dubilier Condenser Corp., 289 U. S. 178, 187 (1933) ('This is necessary in order to give the public, after the...