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Federal Circuit

“AT LEAST ONE …” - The Trend to Clarify Ambiguities

Claim definiteness is increasingly playing a more critical role in claim construction, considering the scrutiny afforded petitioners in inter-partes examination proceedings (IPRs) challenging validity of patents before the USPTO. Even though indefiniteness is not a basis to institute an IPR, claim indefiniteness can cause claim construction confusion.

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Amgen v. Sanofi and Regeneron - Enablement and the In re Wands Factors

On February 11, 2021, the Court of Appeals for the Federal Circuit ("Federal Circuit") affirmed a district court’s judgment as a matter of law ("JMOL") that Amgen’s asserted claims to binding affinity of antibodies were invalid for lack of enablement, holding that undue experimentation would be required to practice the invention claimed.

 

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