In the recent case of Amgen Inc. v. Sanofi, Aventisub LLC, the Federal Circuit affirmed the district court’s invalidation of certain of Amgen’s antibody patent claims, concluding that the claims were not “enable[d]” under 35 U.S.C. § 112. This decision establishes that it is more difficult to satisfy the enablement requirement for antibody claims that use functional language to describe the antibody. (The court granted Amgen’s motion to extend the deadline for filing a petition for panel rehearing and/or rehearing en banc until April 14, 2021. See id., Order (March 8, 2021).)
Lawrence Frank has over fifteen years’ experience practicing patent law in the life sciences. He applies his scientific training in biochemistry and molecular biology to obtain patent protection for innovators in biotechnology, pharmaceuticals and related fields, and also to advise clients on patent noninfringement and invalidity and in due diligence. He also applies his knowledge and experience in support of litigation relating to biologics and Orange Book-listed drugs.
Prior to joining Proskauer, Mr. Frank practiced for over ten years at a well-known intellectual property law firm and later formed and ran his own patent law firm with several colleagues.