Key Takeaways for IP Counsel from the Amgen v. Sanofi Supreme Court Case
In May 2023, Sanofi won a patent dispute with Amgen after competing over a class of patents for a series of FDA-approved cholesterol-lowering antibody drugs. According to the Supreme Court, the patents failed to describe the invention in a way that would enable any person skilled in the art to make and use the invention, pronouncing these claims as “invalid” and lacking enablement.
Consequentially, this decision is likely to affect how patent practitioners prepare new patent applications and patent portfolios, how they carry out necessary FTO clearance work, and structure their invalidity arguments before U.S. courts, particularly in the life sciences and chemical arts space.
Join our panel of experts in the Intellectual Property field to hear them share their perspective.
Learning Objectives:
- Discussing how IP practitioners now prepare, prosecute, and strategically develop patent portfolios and the general patent litigation perspective
- Predicting the long-term implications of this decision on thoughtful legal practitioners and the way they structure their invalidity arguments before the US court
- Showcasing the way it has affected life sciences and chemical companies and their future approach on Freedom to Operate (FTO) risk assessments
Speakers
- Vineet Kohli, Lead Counsel and IP Director at BlueNalu
- Erin M. Daly, Director, Intellectual Property at Arvinas, Inc.
- Erin Bobay (Moderator), Partner, Intellectual Property at Myers Bigel
