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By: Vorys, Sater, Seymour and Pease LLP.
This past October, in Amgen v. Sanofi (Fed. Cir. 2017), the Federal Circuit sent shivers down the spine of the biotechnology industry when it overturned a district court decision confirming the validity of two patents that claim antibodies for lowering cholesterol. One of the issues litigated was whether or not a court may rely on post-priority-date, i.e., post-filing, evidence to determine if a patent discloses a representative number of species to satisfy the written description requirement. Read more.
