Fed. Circ. Reaffirms Written Description Doctrine

Law360, New York (March 22, 2010, 8:00 PM EDT) -- In a long-awaited decision in Ariad Pharmaceuticals Inc.’s patent infringement suit against Eli Lilly & Co., a federal appeals court majority reaffirmed Monday that there is a written description requirement for patent inventors under the U.S. Patent Act.

Nine out of 11 judges in the U.S. Court of Appeals for the Federal Circuit joined the opinion, which stuck with past precedent and an earlier ruling from the court that held that Lilly did not infringe Ariad’s patent by making osteoporosis drug Evista and septic shock treatment...
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