Enabled to Claim the Unknown? Federal Circuit applies Amgen v. Sanofi to invalidate broad antibody claims
Briefly

Relying heavily on the Supreme Court's Amgen v. Sanofi decision, the appellate panel found Baxalta's disclosure to be analogous to Amgen's 'roadmap for further research' rather than a complete teaching of the invention.
Ultimately, the Court concluded that Amgen had failed to enable the 'full scope' of the claimed invention and that the claims were therefore properly held invalid as a matter of law.
It does not claim any particular amino acid sequence or antibody structure, but rather claims all antibodies capable of binding Factor IX or Factor IXa and increasing the procoagulant activity of Factor IXa.
Read at Patently-O
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