Co-authored with James Evans, Regeneron Pharmaceuticals, Inc.
Explosive growth of antibody technology and therapeutics over the past three decades has driven development of antibody-centric patent case law across several fronts. During this time, the Federal Circuit has decided over 40 cases involving antibodies, spurred by the approval of over 100 therapeutic antibodies.
Over the last decade, in particular, several cases have elucidated the Federal Circuit’s approach to construing antibody-related terms in patent claims (claim construction) and the written description and enablement requirements under 35 U.S.C. § 112 for antibody patents. Both claim construction and 35 U.S.C. § 112 requirements are […]
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