Chicago Locke Lord Partners Emily Savas and Steve Trybus Quoted by Law360 on U.S. Supreme Court’s ‎Decision on ‎Enablement in Amgen v. Sanofi

May 24, 2023

Chicago Partners Emily Savas and Steve Trybus were quoted by Law360 on the U.S. Supreme Court’s highly anticipated decision on enablement in Amgen v. Sanofi, which ruled that the same patent enablement standard that has existed for centuries must be applied to modern antibody patents. At issue was how much a patent must disclose in order for a skilled artisan to be able to make and use the invention without "undue experimentation," thereby satisfying Section 112 of the Patent Act's ‎enablement requirements, the article explains. ‎

Trybus notes that the justices’ ruling did not change the current law, but the details it provided will be important to consider moving forward. “The justices' decision provided needed clarification, but will end up being ‘business as usual’ rather than a ‘sea change,’” he said.

Wrapped up in the analysis for enablement is the concept of functional claiming, meaning an invention is defined by what it does, Savas explains. “In the aftermath of Amgen, attorneys should be ‘more vigilant’ when reviewing if a patent's claims are functional,” she said.

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