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Client Alert: Functional Limitations Fall Following Supreme Court Decision

June 2023

Justice Neil Gorsuch wrote for a unanimous Supreme Court in Amgen Inc. v. Sanofi (May 18, 2023), that agreed with the Court of Appeals for the Federal Circuit, the lower District Court, and Sanofi, that Amgen’s patents on its cholesterol drug Repatha were invalid.  The Court held that the broad functional “genus claims” in those patents would require a person of ordinary skill in the art to engage in “undue experimentation” to make every species of antibody covered by the claims, contrary to the Patent Laws.  This was the first time since 1928 that the Supreme Court has ruled in a patent enablement case.

Read the alert in full here

For Further Information and Assistance

Cantor Colburn has substantial experience representing clients in patent matters. Please do not hesitate to contact Anne Maxwell, Partner and Chair of Cantor Colburn’s Pharmaceutical Patent Practice at and +1 (860) 286-2929, ext. 1119 or your Cantor Colburn attorney with any questions you may have regarding this matter and your IP in general.

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