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Venable LLP | USA | 5 Jun 2023

Supreme Court affirms lack of enablement in Amgen v Sanofi antibody patent dispute

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......
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Venable LLP | USA | 22 May 2023

Forecasting patent litigation trends in 2023

This article discusses patent litigation trends and what to anticipate for the remainder of 2023. In particular, it covers the impact of TC Heartland on venue selection, litigation funding trends, the upcoming Supreme Court case Amgen Inc v Sanofi, which weighs enablement issues that impact patents in the life sciences industry, and changes at the Patent Trial and Appeal Board under Director......
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Lexology PRO | European Union, Global, United Kingdom, etc. | 15 Nov 2022

Twitter Blue: the chaos of online impersonation and platform liability

Fake “blue tick” Twitter accounts have been impersonating hundreds of brands in the past week, but what are companies’ options for holding Twitter to account?
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Herbert Smith Freehills LLP | Australia | 29 Apr 2020

Commonwealth fails in its claim for compensation for PBS expenditure

Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first. Of the 4 cases in Australia in which the Commonwealth has…
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Rothwell, Figg, Ernst & Manbeck, PC | USA | 18 Mar 2019

Jury Finds Amgen Antibody Patents Not Invalid

Over four years ago, in October 2014, Amgen initiated a patent infringement suit against Sanofi and Regeneron regarding biologics for treatment of…
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Rothwell, Figg, Ernst & Manbeck, PC | USA | 27 Feb 2019

The Third Time is the Charm for Sanofi in its IPR Challenge of Immunex’s ʼ487 Patent

On February 14, 2019, the PTAB issued final written decisions in two separate IPRs filed by Sanofi-Aventis, Genzyme Corp., and Regeneron…
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 19 Feb 2019

The Plight of U.S. Pat. No. 8,679,487 at PTAB; if Two Arrows Miss the Mark, Launch a Third

Sanofi-Aventis U.S., LLC et al. V. Immunex Corp., IPR2017-01884 and IPR2017-01879 (P.T.A.B. Feb. 14, 2019) (HULSE, Moore, Obermann); see also denial…
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Jenner & Block LLP | USA | 17 Sep 2018

French Pharmaceutical Company Sanofi Agrees to Pay More Than $25 Million for FCPA Violations

On September 4, 2018, the French pharmaceutical company Sanofi S.A. (Sanofi) agreed to pay the US Securities and Exchange Commission (SEC) more than…
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FB Rice | USA | 29 May 2018

The challenge in obtaining broad antibody genus claims in the US

Functionally defined genus claims are vulnerable to invalidity based on lack of written description support, particularly where it is difficult to…
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Rothwell, Figg, Ernst & Manbeck, PC | USA | 3 Apr 2018

Global Approvals for Insulin Glargine Promise a More Affordable, Long-Acting Treatment for Diabetes

Last week, Mylan N.V. and Biocon Ltd. announced that their jointly-developed insulin glargine biosimilar, Semglee™, received marketing approval from…
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