Brief of Intellectual Property Law Professors and Scholars as Amici Curiae in Support of the Respondents

Authors

Bernard Chao
Kevin Emerson Collins
Christopher A. Cotropia
Charles Duan
Oskar Liivak
Joseph Scott Miller
Arti K. Rai, Duke Law SchoolFollow
Michael S. Sinha
S. Sean Tu
Liza Vertinsky

Document Type

Brief

Publication Date

2023

Keywords

Supreme Court of the United States, SCOTUS, amicus brief, Amgen Inc., v. Sanofi, patent law

Abstract

This amicus brief was written in support of Sanofi (generic pharmaceutical firm). The brief explains why patent claims cannot exceed the scope of what was disclosed in the patent specification. The brief argues that when a patentee invents narrowly, meaning they find and disclose only a limited set of solutions and where they cannot provide a generalizable principle that unites a broader set of solutions, then that inventor has not invented broadly. Accordingly, their claims should be limited to what was explicitly disclosed.

Citation

Bernard Chao et al., Brief of Intellectual Property Law Professors and Scholars as Amici Curiae in Support of the Respondents, Amgen, Inc., et al., v. Sanofi, et al., No. 21-757 (U.S. Feb. 10, 2023)