Nika Aldrich
May 18, 2023

Fresh From the Bench: Latest Supreme Court Patent Cases

Amgen Inc. et al. v. Sanofi et al, No. 21-757 (S. Ct. May 18, 2023)

The Supreme Court issued a long-awaited decision today concerning the enablement requirement found in Section 112 of the Patent Act. Specifically, the case addressed the enablement requirement in relation to claims that are drafted to cover a genus or class of potential solutions. The Court affirmed that the patent specification must enable ordinarily skilled artisans to practice the full scope of the claim. For broad, genus claims, that means the patent must sufficiently disclose how to make and use all solutions within that genus.

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