In a unanimous decision, the SCOTUS affirms Federal Circuit's ruling, Amgen's patent claims fail to satisfy the Enablement Clause under 35 USC 112 (a).
Holding: Amgen’s two patent applications — purporting to cover all antibodies that bind and block the PCSK9 receptor involved in LDL cholesterol metabolism — fail to satisfy the Patent Act’s enablement clause, see 35 U.S.C. § 112(a).
Judgment: Affirmed, 9-0, in an opinion by Justice Gorsuch on May 18, 2023.
Supreme Court opinion here.
Comments