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Amgen Inc. v. Sanofi

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Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-757 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether enablement for purposes of Section 112 of the Patent Act is “a question of fact to be determined by the jury,” as the Supreme Court has held, or “a question of law that [the court] review[s] without deference,” as the U.S. Court of Appeals for the Federal Circuit holds; and (2) whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, or whether it must instead enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial “‘time and effort.’”

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 18 2021Petition for a writ of certiorari filed. (Response due December 22, 2021)
Dec 22 2021Brief amici curiae of Association of University Technology Managers, Inc., et al.
Dec 22 2021Brief amicus curiae of GlaxoSmithKline plc filed.
Dec 22 2021Brief amici curiae of Intellectual Property Professors filed.
Jan 05 2022DISTRIBUTED for Conference of 1/21/2022.
Jan 11 2022Response Requested. (Due February 10, 2022)
Jan 12 2022Motion to extend the time to file a response from February 10, 2022 to March 14, 2022, submitted to The Clerk.
Jan 14 2022Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2022.
Mar 14 2022Brief of respondents Sanofi, et al. in opposition filed.
Mar 28 2022Reply of petitioners Amgen Inc., et al. filed. (Distributed)
Mar 29 2022DISTRIBUTED for Conference of 4/14/2022.
Apr 18 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.