Idenix Pharmaceuticals LLC v. Gilead Sciences, Inc.


Question(s) Presented

1. “Whether, as the Federal Circuit has held, a genus claim is not enabled ‘as a matter of law’ if it encompasses a large number of compounds—or whether, as this Court has recognized, enablement is a context-specific jury question.”

2. “Whether, as the Federal Circuit has held, § 112(a) contains a separate ‘possession’ requirement—or whether, as the statute provides, § 112(a) sets forth a single substantive requirement of ‘a written description of the invention’ sufficient ‘to enable any person skilled in the art … to make and use the same.’”

Posts About this Case

Proceedings and Orders
October 14, 2020
DISTRIBUTED for Conference of 10/30/2020.
October 16, 2020
Response Requested. (Due November 16, 2020)
November 2, 2020
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020.
December 30, 2020
DISTRIBUTED for Conference of 1/15/2021.
January 19, 2021
Petition DENIED.