Dechert Co-authors Supreme Court Amicus Brief with Lilly, Ipsen and Innovent Supporting Longstanding Federal Circuit Precedent

February 24, 2023

Writing alongside life sciences clients Eli Lilly & Company, Ipsen Bioscience, Inc., and Innovent Biologics, Inc., Dechert LLP submitted an amicus brief on February 10, 2023 in Amgen v. Sanofi, No. 21-757, a high-profile patent case in the U.S. Supreme Court.

The Supreme Court granted certiorari to decide whether the Federal Circuit’s enablement requirement—which requires a patentee to teach a skilled artisan to make and use the full scope of its claimed invention without undue experimentation—is consistent with the statutory text of 35 U.S.C. § 112. As amici, Lilly and team urge the Court to affirm the Federal Circuit’s standard as entirely in line with the carefully-struck balance of the patent system—particularly in this case, where Amgen’s claims are “limited solely by functional results with no structural limitations whatsoever.” Oral argument is scheduled for March 27, 2023.

The Dechert team includes IP partner Kassie Helm and litigation partner Michael McGinley, with IP associate Daniel Roberts.

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