Ariad V. Eli Lilly And Written Description Requirement

Law360, New York (December 4, 2009, 2:15 PM EST) -- The Federal Circuit, sitting en banc, will hear argument Monday on whether the patent laws require not only that a patent specification enable a person of ordinary skill in the art to make and use the claimed invention, but also require a “written description” of the invention.

The panel decision in Ariad Pharmaceuticals Inc. v. Eli Lilly and Co., 560 F.3d 1366 (Fed. Cir. 2009) ruled that Ariad’s patent claims were invalid for lack of a written description notwithstanding a finding that the claims were enabled....
To view the full article, register now.