Is There A Written Description Requirement After All?

Law360, New York (December 11, 2009, 11:46 AM EST) -- On Dec. 7, 2009, the U.S. Court of Appeals for the Federal Circuit convened en banc and heard arguments in a case of potential major importance to patent law, Ariad Pharms. Inc. v. Eli Lilly & Co.[1]

The case has received considerable attention among the patent bar as evidenced by the filing of 25 amicus curiae briefs.

The question is whether there is a separate written description requirement for patents under 35 U.S.C. § 112, ¶ 1, and, if so, the scope of such a requirement....
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