Fed. Circ. Backs Sanofi, Regeneron PTAB Win Over Amgen

Law360 (October 13, 2020, 7:33 PM EDT) -- The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision invalidating an Amgen unit's patent on treating inflammatory disorders, in a win for Sanofi and Regeneron, whose eczema and asthma treatment Dupixent was accused of infringement.

The appeals court rejected an argument by Amgen's Immunex subsidiary that the PTAB's inter partes review decision was based on an incorrect holding that in the context of the patent, the phrase "human antibodies" can refer to those that are only partially human. The Federal Circuit said the evidence shows the board got it right.

The court said in its precedential opinion...

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