Will Genus Claims Be Resuscitated? Supreme Court To Decide In Amgen PCSK9 Patent Dispute

High court will consider the standard for determining if a patent covering a group of related chemicals is enabled in Amgen v. Sanofi. It denies Juno petition seeking review of standard for written description of an invention in CAR T-cell patent suit against Kite.

US Supreme court building with 1st statue on left
US Supreme Court to review enablement requirement in Amgen v. Sanofi patent case • Source: Brenda Sandburg

Rejecting the advice of the US Solicitor General, the US Supreme Court agreed to hear Amgen, Inc.’s challenge of an appeals court ruling invalidating its Repatha (evolocumab) patents for lack of enablement. The court’s decision could have broad ramifications for the biotechnology and pharmaceutical industries, which rely on patent genus claims like those at issue in this dispute.

The court granted Amgen’s petition for certiorari in orders issued on 4 November following its conference that day

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