Schlich Ltd +44(0) 1903 717001 info@schlich.co.uk
Federal Circuit leans on the Supreme Court’s recent decision in Amgen v. Sanofi to find Baxalta’s functionally defined antibody claims invalid for lack of enablement.

Federal Circuit leans on the Supreme Court’s recent decision in Amgen v. Sanofi to find Baxalta’s functionally defined antibody claims invalid for lack of enablement.

Background With the present appeal, Baxalta challenged the District Court’s decision to hold claims 1–4, 19, and 20 of U.S. Patent No. 7,033,590 (the ‘590 patent) invalid for lack of enablement. Independent claim 1 is representative and recites: An isolated antibody...
Updates to Canadian Patent Rules

Updates to Canadian Patent Rules

Excess Claims Fees Up until now, there have been no excess claims fees in Canada and therefore minimal or no incentives for applicants to limit the number of claims in their patent applications. Under the new regime, excess claims fees will be payable for claim sets...
New SPC Referral to CJEU

New SPC Referral to CJEU

Questions on the European SPC Regulation, in particular in relation to SPCs for combination products, have been raised at the CJEU many times over the years. It is therefore hoped that this newest referral may provide some much-needed clarity. Background For an SPC to...