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ARTICLE · 23 OCTOBER 2017

Federal Circuit Patent Updates - October 2017

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Prost, J. Reversing-in-part and remanding for new trial on written description and enablement.

United StatesIntellectual Property
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Amgen Inc. v. Sanofi (No. 2017-1480, 10/5/17) (Prost, Taranto, Hughes)

October 5, 2017 3:51 PM

Prost, J. Reversing-in-part and remanding for new trial on written description and enablement. Also affirming JMOL of non-obviousness and vacating injunction. "[T]he use of post-priority-date evidence to show that a patent does not disclose a representative number of species of a claimed genus is proper. It was this legal error for the district court to categorically preclude all of Appellants' post-priority-date evidence of [the accused product] and other antibodies. Accordingly, we reverse the district court's decision and remand for a new trial on written description." The Court also found a jury instruction regarding written description to be improper.

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