The Federal Circuit posed difficult questions on the "newly
characterized antigen" test (a.k.a., the antibody exception as
provided in the USPTO Written Description Guidelines) to Sanofi
(the appellant-defendants) during oral argument last week in
Amgen v. Sanofi, a first opportunity for the Federal
Circuit to squarely address the validity of this test. Amgen,
Inc. v. Sanofi, No. 17-1480 (Fed. Cir. 2017). In contrast, the
judges did not question Amgen on this point and gave little
indication on whether they will rule on this issue. With four other
issues before the court, including whether a new trial is required
on written description and enablement, the court need not reach
this issue to decide the case.
35 U.S.C. §112(a) requires that the specification of a
patent provide "a written description of the invention and
process of making and using it, in such full, clear, concise, and
exact terms as to enable any person skilled in the a
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28 Mar 2018, Webinar, Washington, DC, United States
Join us following the Supreme Court Oil States and SAS Institute decisions, as we consider the impact on inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB), and potentially the entire U.S. patent system.
24 Apr 2018, Conference, Washington, DC, United States
Finnegan attorneys Mareesa Frederick and Clara Jimenez will co-present “Key Basics of Technology Licensing” at the Smart Fabrics Summit, hosted by Industrial Fabrics Association International and the U.S. Department of Commerce.
The program will take place at the Ronald Reagan Building and International Trade Center in Washington, DC. For more information, or to register, please see the event website.
Finnegan is a Gold sponsor of IP Counsel Café 2018. Finnegan partner Rob McCauley will join the panel discussion “Patent Exhaustion: Alternative Ways to Preserve Your IP Rights.”
The program will take place at the Sheraton hotel in Palo Alto, California. For more information, or to register, please see IP Counsel Cafe’s website.
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Onshoring IP (Video)
