Law360 reported, "a Federal Circuit panel appeared skeptical...that the Patent Trial and Appeal Board ignored vital evidence in construing a key claim term to invalidate an Immunex antibody patent at the behest of Sanofi-Aventis, suggesting that evidence supports the board's claim construction."
Sanofi-Aventis, Genzyme, and Regeneron are represented by McKool Smith Principal Lauren Fornarotto. Lauren "told the panel that Immunex's cancellation of the dependent claim didn't rise 'to the level of a clear and unambiguous disclaimer' of partially human antibodies. Even after the amendment, [she] said, the patent examiner stated the claims still include 'humanized antibodies,' which she said are partially human." Read the full article here.