Kilpatrick Townsend

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Supreme Court Grants Amgen’s Petition for Certiorari to Reconsider Enablement of Genus Claims

Kilpatrick Townsend MEMO|Biopharma Industry Blog

November 17, 2022

Written by Cynthia B. Rothschild, Ph.D., Andrew T. Serafini, PhD and Christopher Thomas

Last week, the Supreme Court granted Amgen's petition for certiorari to reconsider the enablement requirement for genus claims. The Supreme Court will review whether the Federal Circuit panel in Amgen v. Sanofi improperly created a new and heightened test for enablement of genus claims with functional limitations. The Supreme Court declined to review Amgen's first question in the petition regarding whether enablement is a question of fact to be determined by the jury or a question of law determined by the court. Notably, the Supreme Court granted Amgen's petition for certiorari against the recommendation of the Solicitor General.

Related People

Cynthia B. Rothschild, Ph.D.


Winston-Salem, NC

Andrew T. Serafini, PhD


Seattle, WA

Christopher Thomas

Senior Associate

Washington, DC