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Amicus Briefs in Ariad v. Lilly: American Intellectual Property Law Association

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- The American Intellectual Property Law Association (AIPLA) has joined the chorus of patent bar groups opining on whether there is a separate written description requirement contained in 35 U.S.C. § 112, first paragraph, in an amicus curiae brief filed in the rehearing en banc of Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. The AIPLA agrees with other amici that there is such a requirement, but emphasize that properly construed, such a requirement must be assessed in the "context" of the entirety of 35 U.S.C. § 112 (but, in reality, that "entirety" extends no further...

Full post as published by Patent Docs on December 01, 2009 (boomark / email).