The U.S. Supreme Court is considering whether an Amgen patent--which claims antibodies by functional antigen binding and does not disclose the full range of antibody sequences--is invalid for not meeting the enablement requirements of Section 112(a). Three Procopio IP Partners--experts in patent prosecution and patent litigation--discuss the background of the case, in particular how the High Court’s decision may impact the ability to obtain certain life science, chemical and pharma patents and how it may provide additional ammunition to attack such patents in patent litigation.
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