Supreme Court Affirms Amgen Patents’ Invalidity in Closely Watched Enablement Case
The U.S. Supreme Court has decided a closely watched case regarding patent law’s enablement requirement, Amgen Inc. v. Sanofi. The Supreme Court affirmed the Federal Circuit’s decision that Amgen’s patent claims were invalid, holding that the patents’ disclosures “offer[ed] persons skilled in the art little more than advice to engage in ‘trial and error.’”
The Court’s decision was unanimous. Although Amgen and various amici had urged the Court to adjust the standard for enablement in ways that would favor patent validity, the Court’s decision announced no major changes to the doctrine.
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