Professor Jacob Sherkow was quoted extensively in a Law360 article regarding a Federal Circuit decision in Amgen v. Sanofi. According to the article, the court ruled that "with rare exceptions, patenting antibodies based on what they bind to doesn't meet enablement requirements under Section 112 of the Patent Act. While the ruling falls in line with past Federal Circuit decisions, it veers from how the scientific community defines antibodies and puts existing patents for top-dollar biologics on the road to invalidation."
Sherkow said, "Six of the top 10 drugs by revenue in the United States are antibody drugs or antibody fragment drugs," adding later, "Those patents are all 'up for grabs' now."
Sherkow went on to outline a series of possible workarounds.
Read the full article.