Immunex Faces Skeptical Fed. Circ. In Antibody Patent Fight

Law360 (August 5, 2020, 8:46 PM EDT) -- A Federal Circuit panel appeared skeptical Wednesday that the Patent Trial and Appeal Board ignored vital evidence in construing a key claim term to invalidate an Immunex antibody patent at the behest of Sanofi-Aventis, suggesting that evidence supports the board's claim construction.

U.S. Circuit Judge Richard G. Taranto said there is material in the patent's written description that "very strongly suggests" the board's claim construction of the term, "human antibodies," was not wrong.

Immunex Corp. attorney Eldora Ellison of Sterne Kessler Goldstein & Fox PLLC countered that the board erred by disregarding how a skilled artisan would understand the term along...

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