Shaping the Future of Patent Law: The Amgen v. Sanofi Decision and Bite-Sized Monopolies
by Dennis Crouch
"The more one claims, the more one must enable."In a unanimous opinion delivered by Justice Gorsuch, the Supreme Court has affirmed the Federal Circuit's decision invalidating Amgen's functionally claimed genus of monoclonal antibodies.The Court held that Amgen's patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies.