Amgen and AI

On November 4, 2022, the U.S. Supreme Court granted Amgen’s petition for certiorari regarding the Federal Circuit’s enablement review in Amgen Inc. v. Sanofi, Aventisub LLC, 987 F.3d 1080 (Fed. Cir. 2021). While the underlying case relates to Amgen’s invalidated antibody patents, the Court’s review will impact Artificial Intelligence (AI) patents since there is an ongoing challenge in obtaining broad AI claims that safely meet the requirements of 35 U.S.C. §112(a).  For example, where a trained AI model is performing object recognition, the Court will likely clarify if the enablement standard requires (i) that the specification discloses to those skilled in the art how to "make and use" the claimed invention so that the AI model can be trained to detect a broad range of objects, or (ii) the specification will have to cumulatively identify and make all or nearly all possible recognition scenarios without substantial "'time and effort”?  For these reasons, patent practitioners in all technological fields, and especially AI inventions, should pay close attention to the ruling (and the language) that comes down from the Court when this case is decided.

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