Amgen Inc. v. Sanofi, No. 20-1074 (Fed. Cir. Feb. 11, 2021)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Amgen Inc., Amgen Manufacturing, Ltd. , and Amgen USA, Inc. (collectively, “Amgen”) appeal from a decision of the United States District Court for the District of Dela- ware granting Judgment as a Matter of Law (“JMOL”) of lack of enablement of claims 19 and 29 of U.S. Patent 8,829,165 (the “’165 patent”) and claim 7 of U.S. Patent 8,859,741 (the “’741 patent”) . See Amgen Inc. v. Sanofi , No. CV 14-1317-RGA, 2019 WL 4058927, at *1 –2, *13 (D. Del. Aug. 28, 2019) (“Decision”). For the reasons set forth below, we affirm.