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New Hope for Antibody Claims in the US

However, in a significant development we now report, means-plus-function language for a claim to an antibody complied with both of the USPTO requirements for written description and for the claim not to be indefinite. Where functional language alone is used in US...
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...