Continued Scrutiny of Genus Claims: The Written Description and Enablement Requirements for Broad and Previously Undisclosed Subgenera

Consistent with standing precedents, the U.S. Court of Appeals for the Federal Circuit (the court) invalidated Seagen’s US10,808,039 patent (the ’039 patent) claims directed to antibody-drug conjugates (ADCs) comprising a subgenus of tetrapeptide linkers. The’039 patent claims generically cover Enhertu, an ADC, manufactured by Daiichi Sankyo (Daiichi), containing a tetrapeptide linker (GGFG) for treating cancer. The court invalidated the ’039 patent for failing to meet the written description…
By: Wilson Sonsini Goodrich & Rosati