Revisiting Ariad V. Eli Lilly

Law360, New York (August 10, 2009, 2:30 PM EDT) -- On April 3, 2009, the Federal Circuit issued its decision in Ariad Pharmaceuticals Inc. v. Eli Lilly & Co., 560 F.3d 1366 (Fed. Cir. 2009), in which the court held, inter alia, that claims directed to a method of reducing Nuclear Factor Kappa B (“NF-kB”) activity in cells were invalid for failing to satisfy the written description requirement under 35 U.S.C. § 112, paragraph 1.

The appeal presented the court with an opportunity to revisit the written description doctrine, particularly as applied to biotechnology patents —...
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