Patent Defenses is a unique legal research tool for businesses and individuals to find information about possible defenses to utility patent infringement claims under U.S. law.
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Read moreSanofi Feb. 3 Br. in S. Ct.: Amgen's functional genus claims fail full-scope enablement because Spec. consigns skilled artisans to "a trial-and-error process to unpredictably generate antibodies that must then be tested to determine whether they even fall within" the genus.
30 Yrs. Ago: Functional claiming preempts the future. FIERS (Fed. Cir. 01/19/93) (“Claiming all DNA's that achieve a result w/o defining what means will do so is not in compliance with the description requirement; it is an attempt to preempt the future before it has arrived.”)
A, an act. See 112f and Halliburton Oil. Acts are patent eligible, the others are not. Acts particularly point out the claimed subject matter, the others do not, they are abstract and exceed the inventor’s contribution.
Sample Quiz question from upcoming CLE: In patent law, which of the following is least like the others?
A. An act.
B. A function.
C. A result.
D. Information.
Functional patent claims + Amgen v. Sanofi case before Supreme Court. Slides from our CLE yesterday: https://patentdefenses.klarquist.com/wp-content/uploads/2023/01/PD-CLE-01.2023.pdf. Bottom line: case is dangerous, could upset patent system's delicate balance ... or not.
Jan. 12 noon-100 Pacific, free Webinar/CLE on 2 bedrock principles of patent law, current laws that do (and ones that do not) conform, + review Amgen Sanofi case before S. Ct. Register at cle@klarquist.com
You may note that some areas in Patent Defenses are indicated as “redacted.” These areas contain confidential tips and strategies that are restricted to clients of the firm. If you are a client of the firm and would like access to the redacted confidential areas, please contact businessdevelopment@klarquist.com.
Patent Defenses is a way for businesses and individuals to find information about possible defenses to utility patent infringement claims under U.S. law. Although prepared by a law firm, it does not constitute and is not a substitute for competent patent law advice from competent patent professionals. Among other things, the variability of the kinds of inventions to which patent law can apply and the different circumstances in which inventions are made and infringement claims are brought prevent any overview or analysis that would cover any and all specific circumstances. In addition, and even though we seek to update this website on a roughly weekly basis, we necessarily cannot cover all related developments on all issues.
We seek instead to provide information that we hope will be useful as a starting point for thinking about issues relating to defenses against U.S. patent infringement claims.
Patent Defenses was last updated on February 1, 2023.
Sanofi Feb. 3 Br. in S. Ct.: Amgen's functional genus claims fail full-scope enablement because Spec. consigns skilled artisans to "a trial-and-error process to unpredictably generate antibodies that must then be tested to determine whether they even fall within" the genus.
30 Yrs. Ago: Functional claiming preempts the future. FIERS (Fed. Cir. 01/19/93) (“Claiming all DNA's that achieve a result w/o defining what means will do so is not in compliance with the description requirement; it is an attempt to preempt the future before it has arrived.”)
A, an act. See 112f and Halliburton Oil. Acts are patent eligible, the others are not. Acts particularly point out the claimed subject matter, the others do not, they are abstract and exceed the inventor’s contribution.
Sample Quiz question from upcoming CLE: In patent law, which of the following is least like the others?
A. An act.
B. A function.
C. A result.
D. Information.
Functional patent claims + Amgen v. Sanofi case before Supreme Court. Slides from our CLE yesterday: https://patentdefenses.klarquist.com/wp-content/uploads/2023/01/PD-CLE-01.2023.pdf. Bottom line: case is dangerous, could upset patent system's delicate balance ... or not.
Jan. 12 noon-100 Pacific, free Webinar/CLE on 2 bedrock principles of patent law, current laws that do (and ones that do not) conform, + review Amgen Sanofi case before S. Ct. Register at cle@klarquist.com
Patent Defenses is a research tool maintained by Klarquist since 2004. Visit klarquist.com to learn more about us.
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