In the Press
March 23, 2023

Biopharma Industry Sharply Divided Over Supreme Court Antibody Patent Brawl (Pink Sheet)

The biopharmaceutical industry is in intense conflict over a case that could determine how broadly a patent can cover a cutting edge invention. More than a dozen companies have taken opposite sides in the dispute between Amgen, Inc. and Sanofi over their PCSK9-targeting antibodies. Natasha Daughtrey, Intellectual Property Litigation partner, said depending on how the court frames its decision, if the Federal Circuit decision is affirmed, it could impact what companies disclose for genus claims. "There could be a trend toward making narrower claims and putting more embodiments in the patent, or delaying the filing of an application until you have more embodiments to put in," she said to Pink Sheet.