Supreme Court Delivers Blow to Amgen in Patent Dispute with Sanofi.
The US Supreme Court's decision in Amgen, Inc. v. Sanofi et al. has ushered in a cataclysmic shift in the law of enablement, despite the Court's claim that it changes nothing. The decision has left innovators questioning the continued viability of broad genus claims, and while it does not categorically eliminate them, it requires a lot of examples to satisfy the enablement requirement. The decision will have repercussions for the entire community regardless of industry or technology at issue, and patent applications will likely become longer and more detailed with far more examples.