Fed. Circ. To Weigh In On Written Description Rule

Law360, New York (October 07, 2009, 5:00 PM ET) -- 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...
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