Written Description: Not Co-Extensive With Enablement

Law360, New York (January 26, 2010, 12:39 PM EST) -- On Dec. 7, 2009, with a vacancy caused by Judge Alvin A. Schall's taking senior status as of Oct. 5, 2009, the 11-member en banc Court of Appeals for the Federal Circuit heard the oral argument in Ariad Pharmaceuticals Inc. v. Eli Lilly & Co., 332 Fed. Appx. 636 (Fed. Cir. Aug. 21, 2009). The en banc review will focus on the scope of the written description requirement of 35 U.S.C. § 112, paragraph 1.

Ariad’s petition for rehearing en banc on the scope of the...
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