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Supreme Court Affirms Federal Circuit’s Amgen Decision: Patent Specification Must Enable the Full Scope of the Invention

On May 18, 2023, the Supreme Court issued its opinion in Amgen Inc. v. Sanofi, No. 21-757, affirming unanimously the Federal Circuit’s decision invalidating two of Amgen’s patents functionally claiming a genus of monoclonal antibodies that help reduce levels of low-density lipoprotein cholesterol (LDL, or “bad” cholesterol).

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The Countdown Begins: Get Ready for the Launch of the Unified Patent Court!

Time to Read: 1 minutes Practices: Intellectual Property, Intellectual Property Litigation

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The Unified Patent Court and Unitary Patent system is set to launch on June 1, 2023, following years of preparation. While the new system is, as of now, untested and without its own set of substantive law, it has enormous potential to reshape global patent law, with jurisdiction over revocation and enforcement actions across 17 European Union member states, including some of the largest patent forums including Germany and France, but notably excluding the United Kingdom and Spain.

In part one of our two-part series, we provide an overview of the Unified Patent Court and answer a number of common questions posed by clients. Stay tuned for the second part of the series, where we will address a number of strategic considerations surrounding the Unified Patent Court’s “opt out” process.

Ropes & Gray’s IP Litigation and Strategic Transaction groups are closely monitoring the launch and stand ready to advise clients regarding Unified Patent Court and Unitary Patent strategy, in collaboration with our top-tier European partner firms.

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