Venable LLP | USA | 5 Jun 2023
The Supreme Court recently issued a unanimous decision in Amgen v Sanofi, construing the statutory enablement requirement. The Court reaffirmed Congress's judgment that "if an inventor claims a lot, but enables only a little, the public does not receive its benefit of the bargain". The Court's opinion elsewhere made clear, however, that this was not a bright-line rule. Accordingly, enablement......
Rothwell, Figg, Ernst & Manbeck, PC | USA | 17 Apr 2019
On April 2, 2019, Eli Lilly and Company (“Lilly”) filed a Petition for Post-Grant Review (“PGR”) of Genentech’s U.S. Patent 10,011,654 (“the ’654…
Rothwell, Figg, Ernst & Manbeck, PC | USA | 18 Mar 2019
Over four years ago, in October 2014, Amgen initiated a patent infringement suit against Sanofi and Regeneron regarding biologics for treatment of…
Rothwell, Figg, Ernst & Manbeck, PC | USA | 24 Feb 2019
According to Sandoz, the ʼ997 patent is in the same patent family as U.S. Patent No. 8,940,878 (“the ʼ878 patent”), which Amgen asserted against…
Proskauer Rose LLP | USA | 10 Jan 2019
As we closed the door on 2018, we were met by two surprising decisions—one from a panel of the Second Circuit addressing employer…
Dinsmore & Shohl LLP | USA | 8 Jan 2019
In a recent opinion out of the U.S. District Court for the District of Columbia, U.S. District Court Judge Rudolph Contreras held that the U.S…
Mintz | USA | 2 Jan 2019
The Federal Courts gave the America Hospital Association and 340B covered entities a late Christmas present and in doing so may have dealt a blow to…
Bereskin & Parr LLP | USA | 29 Nov 2018
Recent case law in the United States has changed the landscape for patenting antibodies. In Amgen v Sanofi, 872 F.3d 1367, the Federal Circuit ruled…
Smart & Biggar | Canada | 1 Nov 2018
The Federal Court of Canada has refused Pfizer’s motion to dismiss an action under the Patented Medicines (Notice of Compliance) Regulations (PMNOC…
Smart & Biggar | Canada | 24 Sep 2018
The Federal Court recently dismissed the first motion for summary dismissal brought under Section 6.08 of the amended Patented Medicines (Notice of Compliance) Regulations. The underlying action for infringement concerned Amgen Canada's regulatory submission for approval of its biosimilar of Hoffmann-La Roche's Herceptin. Amgen sought to dismiss the action regarding two of the four asserted......