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Amicus Briefs in Ariad v. Lilly: Federal Circuit Bar Association

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

By Kevin E. Noonan -- In Anna Karenina, Leo Tolstoy wrote, "All happy families resemble one another, each unhappy family is unhappy in its own way." This sentiment could also be applied to the briefs submitted to the Federal Circuit for its en banc consideration of the written description requirement. A large proportion of those briefs support the current construction of 35 U.S.C. § 112, first paragraph, to include a separate written description requirement, but like unhappy families each amicus takes its position in a slightly different way. The Federal Circuit Bar Association's brief is one example: their position is...

Full post as published by Patent Docs on November 30, 2009 (boomark / email).