Amgen, GSK Urge Justices To Allow Patents On Genus Claims

Law360 (November 17, 2020, 9:23 PM EST) -- Amgen, GlaxoSmithKline and a group of intellectual property professors have urged the U.S. Supreme Court to take up Merck & Co.'s petition asking the justices to ensure companies can patent genus claims, warning that the future of innovation is on the line.

The trio of amicus briefs filed Monday say the Federal Circuit has made patenting genus claims nearly impossible, which fundamentally ignores how scientific discovery occurs in the chemical, pharmaceutical and biotech industries. The professors said the petition filed by Merck unit Idenix Pharmaceuticals LLC in September is a "strong vehicle" to settle this pressing issue.

Idenix is trying to...

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