Fed. Circ. Says Amgen's Repatha Patents Are Too Expansive

By Dani Kass (February 11, 2021, 10:27 PM EST) -- A Delaware federal judge rightly found that claims of two Amgen patents covering its cholesterol medication Repatha are too broad to be enabled, the Federal Circuit said Thursday in a win for Sanofi and Regeneron.

A three-judge panel concluded it would have taken undue experimentation to figure out the bounds of the claims in Amgen's patents, making it unable to meet enablement requirements under Section 112 of the Patent Act.

"The functional limitations here are broad, the disclosed examples and guidance are narrow, and no reasonable jury could conclude under these facts that anything but 'substantial time and effort' would be...

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