Fed. Circ. To Weigh In On Written Description Rule
By Erin Coe
Law360, New York (October 7, 2009, 5:00 PM EDT) -- In a case that could make patents easier to prosecute and tougher to invalidate, a federal appeals court is gearing up for an en banc rehearing of Ariad Pharmaceuticals Inc.’s patent infringement fight against Eli Lilly & Co. over osteoporosis drug Evista and septic shock treatment Xigris.
The U.S. Court of Appeals for the Federal Circuit in August granted Ariad’s request for a rehearing and asked the parties to brief the court on whether an inventor can obtain a patent by enabling someone with skill in...