"I suspect that, no matter what the Court does, the need for excellent lawyering on the enablement question in future cases is not going away.A clear statement of the test is not going to provide certainty as to the outcome in particular cases."On Monday, March 27, the Supreme Court will hear oral argument in Amgen v. Sanofi, a case with the parties and 27 Amici, including the United States, weighing in on whether and how the Court should address the enablement requirement of Section 112 in the context of genus claims, and in particular, genus claims to antibodies in the pharmaceutical sciences.
#years #united-states #development #researchers #expectations #uncertainty #supreme-court #competitors #implications #constraints
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