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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!