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Charlotte Jacobsen is a first-chair litigator with over 15 years of experience litigating complex pharmaceutical and biotechnology patent and licensing disputes. Charlotte has been lead trial counsel and won cases in the federal district courts, before the Court of Appeals for the Federal Circuit, and inter partes review proceedings before the Patent Trial and Appeal Board. She also has extensive experience with pre-litigation work having handled comprehensive preparatory investigations for blockbuster drugs. Additionally, Charlotte has handled arbitrations before the American Arbitration Association (AAA) and the International Chamber of Commerce (ICC).

Biologic drugs, many of which are antibodies, represent an increasing share of the pharmaceutical market. In recent years, numerous broad functional patent claims directed at therapeutic antibodies have come under attack for failing to satisfy the written description and enablement requirements. The proper scope of these requirements has divided the biopharmaceutical industry. In its latest decision on this topic, Amgen Inc. et al. v. Sanofi, Aventisub LLC et al., ___ F.3d ___, No. 2020-1074 (Fed. Cir. Feb. 11, 2021), the Federal Circuit affirmed the invalidity of claims directed to therapeutic antibodies, noting that “functional claim limitations … pose high hurdles in fulfilling the enablement requirement.”

Continue Reading U.S. Federal Circuit Continues To Pressure BioPharma For More When It Comes To Functional Claims