Brief of Intellectual Property Law Professors and Scholars as Amici Curiae in Support of the Respondents

43 Pages Posted: 19 Jul 2023 Last revised: 9 Sep 2023

See all articles by Oskar Liivak

Oskar Liivak

Cornell University - Law School

Arti K. Rai

Duke University School of Law; Duke Innovation & Entrepreneurship Initiative

S. Sean Tu

West Virginia University College of Law; Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital; Georgetown University - The O'Neill Institute for National and Global Health Law

Date Written: February 1, 2023

Abstract

This amicus brief was written in support of Sanofi (generic pharmaceutical firm). The brief explains why patent claims cannot exceed the scope of what was disclosed in the patent specification. The brief argues that when a patentee invents narrowly, meaning they find and disclose only a limited set of solutions and where they cannot provide a generalizable principle that unites a broader set of solutions, then that inventor has not invented broadly. Accordingly, their claims should be limited to what was explicitly disclosed.

Keywords: Supreme Court of the United States, SCOTUS, amicus brief, Amgen Inc., v. Sanofi, patent law

JEL Classification: K00, K10, K23

Suggested Citation

Liivak, Oskar and Rai, Arti Kaur and Tu, Shine (Sean), Brief of Intellectual Property Law Professors and Scholars as Amici Curiae in Support of the Respondents (February 1, 2023). Supreme Court brief in Amgen, Inc., v. Sanofi, et al. (2023), WVU College of Law Research Paper, No. 2023-016, Duke Law School Public Law & Legal Theory Series No. 2023-40, Available at SSRN: https://ssrn.com/abstract=4514102

Oskar Liivak

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States
607-255-1715 (Phone)

Arti Kaur Rai

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke Innovation & Entrepreneurship Initiative ( email )

215 Morris St., Suite 300
Durham, NC 27701
United States

Shine (Sean) Tu (Contact Author)

West Virginia University College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

HOME PAGE: http://https://www.law.wvu.edu/faculty-staff/faculty/s-sean-tu

Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital ( email )

1620 Tremont St.
Suite 3012
Boston, MA 02120
United States

HOME PAGE: http://https://www.portalresearch.org/sean-tu.html

Georgetown University - The O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

HOME PAGE: http://https://oneill.law.georgetown.edu/experts/s-sean-tu/

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