On October 1, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed the District Court for the District of Delaware’s judgment invalidating claims 1, 11, and 18 of U.S. Patent No. 6,711,385 (“the ’385 Patent”), but on enablement grounds rather than the indefiniteness grounds that were the subject of the appeal.  Satius Holding, LLC v. Samsung Electronics Co., Ltd., No. 2025-1446 (Fed. Cir. Oct. 1, 2026).

In Wyeth LLC v. AstraZeneca Pharmaceuticals LP, No. 2024-2325 (Fed. Cir. July 9, 2026), the Federal Circuit affirmed the District of Delaware’s grant of judgment as a matter of law that asserted patent claims directed to methods of treating gefitinib- or erlotinib-resistant non-small cell lung cancer (NSCLC) were invalid for lack of enablement under 35 U.S.C. § 112(a).  The Court affirmed the district court’s determination on JMOL that the patent specifications did not enable a person of ordinary skill in the art to determine, without undue experimentation, therapeutically effective daily dosages across the full scope of the claims.  At trial, a jury had found the asserted claims of the patents not invalid and infringed, and awarded $107.5 million in damages.  However, enablement is a question of law based on underlying facts, and is therefore amenable to resolution on JMOL.