Idenix Pharmaceuticals LLC v. Gilead Sciences Inc.

(1) Whether, as the U.S. Court of Appeals for the Federal Circuit has held, a genus claim is not enabled "as a matter of law" if it encompasses a large number of compounds " or whether, as the Supreme Court has recognized, enablement is a context-specific jury question; and (2) whether, as the Federal Circuit has held, 35 U.S.C. § 112(a) contains a separate "possession" requirement " or whether, as the statute provides, Section 112(a) sets forth a single substantive requirement of "a written description of the invention" sufficient "to enable any person skilled in the art " to make and use the same."