FedCircuitBlog

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, on Monday the Court heard oral arguments in Amgen Inc. v. Sanofi, Aventisub LLC. With respect to petitions, four new petitions were filed with the Court in three patent cases and a pro se case. The Court also denied three petitions. Here are the details. 

The Supreme Court heard oral argument this week in a patent case decided by the Federal Circuit, Amgen Inc. v. Sanofi, Aventisub LLC. In this case, the Court is considering “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art ‘to reach the full scope of claimed embodiments’ without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial ‘time and effort.’” This is our argument recap.

On Monday, the Supreme Court will hear oral arguments in Amgen Inc. v. Sanofi, Aventisub LLC, a case addressing patent law’s enablement requirement. The Supreme Court granted review to consider the following question: “Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art ‘to reach the full scope of claimed embodiments’ without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial ‘time and effort.’” This is our argument preview.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about “[b]iotechnology giant Amgen . . . arguing that Sanofi is a walking contradiction when it comes to the patent challenger’s stance on enablement requirements”;
• another article about a Federal Circuit decision finding “Google LLC must litigate a patent infringement lawsuit brought by telecom startup Flypsi Inc. in Waco, Texas, rather than San Francisco”; and
• a third article about “how to handle AI inventions from a policy perspective.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, fourteen amicus briefs were filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement patentability requirement. With respect to petitions, although no new petitions were filed with the Court, three new amicus briefs were filed in patent case. Here are the details.

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. With respect to granted cases, a response brief was filed in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case addressing the enablement requirement. With respect to petitions, one new petition was filed with the Court in a contract case; the government waived its right to respond in a patent case and a pro se case; a brief in opposition and a reply brief were filed in a patent case addressing inter partes review estoppel; and another reply brief was filed in a veterans case. Here are the details.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• an article about “[a] Bristol Myers Squibb Co subsidiary on Monday los[ing] a renewed bid for the U.S. Supreme Court to hear its appeal of a 2021 decision that invalidated its cancer-drug patent and overturned a $1.2 billion infringement award it won”; and
• another article arguing that broad functional patent claims suppress medical innovation.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

• a blog post about a Federal Circuit opinion that found a “Scheduling Order . . . went too far in mandating additional substantive discovery and re-briefing” in light of a pending motion to transfer;
• an article about “[t]he fourth round of a multibillion-dollar dispute between Intel and VLSI”; and
• another blog post about how Amgen Inc. v. Sanofi, Aventisub LLC “has the potential of shaking up [patent law’s] disclosure doctrine.”

Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. Last Friday, the Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case regarding the enablement requirement. In addition, one new petition was filed with the Court in a pro se case; the government waived its right to respond in two other pro se cases; and the Court denied two petitions: one in a veterans case and one in a patent case. Notably, Justice Gorsuch filed an opinion dissenting from the decision to deny review in the veterans case. Here are the details.

Today the Supreme Court granted the petition for certiorari in Amgen Inc. v. Sanofi, Aventisub LLC, a patent case raising questions related to the enablement requirement. Although the petitioner requested review of two distinct questions, the Court granted review only for the second question presented. That question asks “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art to ‘make and use’ the claimed invention, 35 U.S.C. § 112, or whether it must instead enable those skilled in the art ‘to reach the full scope of claimed embodiments’ without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial ‘time and effort.’” Notably, the Supreme Court granted review of this question despite the contrary view of the Solicitor General. Here are the details.