Davis Polk IP Litigation head Ashok Ramani discussed some of the biggest patent rulings in 2023 with Law360.

The case Amgen Inc. et al. v. Sanofi et al., which was decided by the Supreme Court, held that antibody patents need to disclose the full scope of the invention in order to meet enablement requirements under Section 112 of the Patent Act. While the specific case was focused on functional claiming for antibody-based patents, it could impact other industries, according to Ashok.

“[The justices] specifically made it clear that it applies to processes, to even things one might think of as high-tech innovations,” he said.

Discussing, Ironburg Inventions Ltd. v. Valve Corp., which clarified what arguments for invalidity can be raised in district court, Ashok said he doesn’t believe the skilled searcher requirement will have a big impact — “unless you have the situation of a thesis that’s not available online, and only found in some obscure research library somewhere.”

However, he said the Federal Circuit had an important “clear articulation” for the burden of proof when raising estoppel defenses. The district court in the case said the burden was on the accused infringer, but the Federal Circuit said it should be on the patent owner, since it’s the one invoking estoppel.

“The Biggest Patent Rulings Of 2023,” Law360 (December 13, 2023) (subscription required)

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