Steve Trybus, Emily Savas and Hannah Thomas (all of Chicago) authored an article for Intellectual Property & Technology Law Journal examining the Supreme Court oral arguments on enablement in Amgen Inc. et al. v. Sanofi, et al. According to the authors, the oral arguments “did not make the ultimate decision clear but did clarify many of the likely issues to be addressed.”
The authors note, “we will have to wait for the decision to see which of these arguments resonated most with a majority of the Court. Based on the fact-specific questions of the Justices, we expect the opinion to be similarly fact-based without a wide-sweeping pronouncement that dooms or upholds all genus claims.”
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