Justices Told To Undo 'Impossible' Patent Enablement Rules

By Ryan Davis (December 22, 2021, 7:02 PM EST) -- GlaxoSmithKline and a group of law professors urged the U.S. Supreme Court on Wednesday to throw out a Federal Circuit decision invalidating two Amgen cholesterol drug patents, saying it set patent validity rules that are "impossible" for many life sciences patents to meet.

After Sanofi's Praluent drug was accused of infringing antibody-based patents on Amgen's Repatha, the appeals court found the patents invalid for not enabling a skilled person to make or use the claimed invention. It would take substantial time and effort to arrive at the "full scope" of the claims, the court said.

GSK and the professors told the...

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