Hanle Quoted in The National Law Journal on the Amgen v. Sanofi Supreme Court Case

Media Commentary

3.28.23

Stradling IP practice chair Steve Hanle was quoted in the National Law Journal's Supreme Court Brief on the oral arguments in Amgen v. Sanofi, a closely watched case regarding the enablement requirement in patent law. The issue of enablement, “whether one reasonably skilled in the art could make or use the invention from the disclosures in the patent coupled with information known in the art without undue experimentation,” has been a hot topic in the life science space for some time.  

In the article, Steve commented that "there was a likelihood the court could remand the dispute, applying the original test with some “tweak[s] at the margin. If you’ve got factually intensive inquiries you’ve got multifactor analysis which provides little predictability. It’s hard enough to have a subjective test, but then you break it down into more factors that are also subjective.”