Examination into Epitope: Understanding the Latest Developments in the U.S. and Subsequent Effects in Europe

October 16, 2018 4:15pm

Karine Crepin
Global Head of Biologics Patents
Sanofi Global IP Department

James Velema
Partner
Lathrop Gage LLP

Emilie Frugier
Patent Manager
NBE Therapeutics AG

Dr. Ulrich Storz
Senior Partner
Michalski Hüttermann & Partner Patentanwälte mbB

Case Study: Amgen Inc v. Sanofi (Fed. Cir. 2017)
  In November 2017, the U.S. Court of Appeals Federal Circuit clarified the written description standard under 35 U.S.C. § 112(a) for monoclonal antibodies claims. This panel will explore how this decision not only influences claim drafting of antibodies in the U.S., but its implications for international jurisdictions as well.
  • How should Epitope based claims be drafted?
  • Understanding the scope of clarification in the court systems
  • Should epitope claims be included into the scope when drafting a patent?
  • Evaluating how a claim can fall under Epitope Claims
  • What would be considered sufficient support in the patent application specification?
  • Assessing special concerns for companies faced with third party patents: are the epitope-based claims valid? How can you assess epitope as binding?