National Attention for Choate’s U.S. Supreme Court Amicus Brief in Amgen v. Sanofi et al.

On March 27, the U.S. Supreme Court heard arguments in Amgen v. Sanofi et al, No. 21-757, one of this term’s most highly-watched cases concerning the law of enablement as it applies to patents directed to antibody therapeutics.

Choate’s amicus brief, submitted on behalf of Nobel Prize laureate Sir Gregory Paul Winter and other interested scientists in support of Sanofi and Regeneron, was repeatedly highlighted by counsel during the argument. 

Publications and industry commentary have similarly highlighted Choate’s amicus brief on behalf of Dr. Winter as an important voice concerning these issues, including (among others) the following:

• “Antibody-patent row could have far-reaching impact on biotech,” by Heidi Ledford, Nature (28 March 2023)
• “The Truth Leaks Out: Justices Struggle with the Science, Sanofi Welcomes End to Functional Genus Claims in Amgen Oral Arguments,” by Eileen McDermott, IP Watchdog (27 March 2023)
• “Justices Struggle With Enablement Paths In Amgen IP Row,” by Dani Kass, Law360 (27 March 2023)
• “Amgen Seeks to Monopolize Nature,” OpEd by Gregory Winter, Wall Street Journal (26 March 2023)

Choate’s amicus team was led by partner, Sophie Wang, and included Eric Marandett, Jillian Gately, Timothy J. Conklin, and Olivia L. Campbell.