Law360, New York (December 04, 2009, 2:15 PM ET) -- 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....
Ariad V. Eli Lilly And Written Description Requirement
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