SCOTUS in Focus: Amgen v. Sanofi

By: Josh Sloat

The Future of Pharma Patents

​We’re leading off Season 3 with a close look at a Supreme Court patent case that could have profound impacts on the invention enablement problems we covered heavily in Season 2. SCOTUS is set to hear opening arguments in Amgen v. Sanofi on March 27th. For the first time in over 75 years, the Supreme Court is evaluating the meaning and scope of the enablement requirement. For those who’ve been following along, you’ll know that this has become one of the bigger issues plaguing patenting and especially so in the life sciences. 
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Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora, leads our discussion today along with our all star patent panel, exploring the scientific background around antibodies necessary to understand the claims, a brief case history of Amgen v. Sanofi, an overview of the enablement factors and tests that have been historically applied in courts and how they might apply to this case, and a discussion around open questions and the potential unintended consequences of the Supreme Court only taking up one-half of the two-sided enablement coin. This ends up being a really great, spirited conversation with panel members coming down strongly on both sides of the case with very compelling arguments – really highlighting the complexities and fundamental issues the court will have to face. 

Ashley is joined today by our always exceptional group of IP experts including:

• David Cohen, Principal at Cohen Sciences
• Kristen Hansen, Patent Strategist at Aurora
• David Jackrel, President of Jackrel Consulting 
• Ty Davis, Patent Strategy Associate at Aurora

Availability

​Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.

Topic and guest participant requests

​If you’re an agent or attorney and would like to be part of the discussion or an inventor with a topic you’d like to hear discussed, please reach out.​

Resources

​Related Episodes

• Fortifying Life Science Patents: Eligibility and Enablement – Sections 101 and 112
• Unpredictable Arts: Patenting Biological, Chemical, and Emerging Technologies
• Means-Plus-Function: The Risk of Losing Your Way
• Patent Anatomy: What's in a patent?

Related Reading

• How to Read Chemical and Drug Patents
• Enablement and Written Description: Hindsight Gotchas

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