Ariad: Sea Change Or Tempest In A Teapot?

Law360, New York (February 12, 2010, 1:33 PM EST) -- On Dec. 7, 2009, the Federal Circuit heard oral argument en banc in the case of Ariad Pharmaceuticals Inc. v. Eli Lilly and Co.

This case caps years of debate, both within the Federal Circuit as well as among scholars and commentators, concerning what appears to be a simple question: Does — or should — 35 U.S.C. § 112 include an independent requirement that an inventor must include in his or her patent specification a written description of the invention?

This article explores the possible consequences...
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