Amgen Inc. v. Sanofi - Post-Argument SCOTUScast

Amgen Inc. v. Sanofi - Post-Argument SCOTUScast

Author: The Federalist Society May 25, 2023 Duration: 31:30
On November 4, 2022, the Supreme Court granted cert in Amgen Inc. v. Sanofi, a patent infringement case that involves the application of the statutory enablement requirement of Section 112 of the patent laws to what is referred to as a "genus claim" as it applies in the context of pharmaceutical applications. The two patents in dispute relate to antibody drugs that reduce low-density lipoprotein (“LDL”) cholesterol.

The Court heard oral arguments in the case on March 27. Specifically at issue is "whether enablement is governed by the statutory requirement that the specifications teach those skilled in the art to 'make and use' the claimed invention, or whether it must instead enable those skilled in the art 'to reach the full scope of claimed embodiments' without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial 'time and effort.'"

Robert Rando, an intellectual property attorney who filed an amicus brief in the case, joined us to break down the arguments.

Featuring:
Robert J. Rando, Partner, Greenspoon Marder LLP

Tuning into the Supreme Court's docket can feel like deciphering a complex code, but SCOTUScast breaks down the arguments and decisions as they happen. Produced by The Federalist Society, this podcast delivers timely, expert analysis from legal scholars and practitioners immediately after oral arguments or when opinions are released. Each episode focuses on a specific case, cutting through the legal jargon to explain the core principles at stake, the questions posed by the justices, and the potential ramifications of the Court's rulings. You'll hear clear, substantive commentary that prioritizes understanding over advocacy, as the Society itself does not take positions on the issues discussed. The goal is to provide listeners with the intellectual tools to engage with these pivotal moments in law. Whether a landmark ruling on constitutional rights or a nuanced interpretation of statutory law, this audio series treats each development with the depth it deserves. For anyone following the judicial branch-from students and attorneys to engaged citizens-this podcast serves as an essential, real-time guide to the nation's highest court, fostering a more informed and thoughtful public discourse.
Author: Language: English Episodes: 100

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