IP Hot Topic: 4 Potential Paths for High Court in Amgen Patent Case

On March 27, the U.S. Supreme Court heard oral argument in Amgen v. Sanofi, a closely watched case concerning the appropriate legal standard for patent law’s enablement requirement.

Read our analysis published by Law360 on the Supreme Court’s potential paths forward and the implications for each course of action:

1. The court holds that the Federal Circuit applied the correct legal standard and affirms.
2. The Supreme Court clarifies the standard, vacates the Federal Circuit’s decision and remands.
3. The Supreme Court either endorses or clarifies the legal standard applied by the Federal Circuit, but holds the court of appeals erred in applying that standard to reverse the jury’s verdict in Amgen’s favor.
4. The Supreme Court dismisses the case as improvidently granted.

To read the full article authored by Director William H. Milliken, please click here.