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Ariad v. Lilly: Oral Argument

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

By Kevin E. Noonan -- Oral argument in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. was heard on Monday before an en banc panel of the Federal Circuit. Counsel for Ariad (John M. Whealan), Lilly (Charles E. Lipsey) and the U.S. Patent and Trademark Office (Mark R. Freeman) argued before an active Court, with most questioning coming from Judges Rader, Dyk, Lourie, Linn, Moore, and Newman. While active, the Court and counsel avoided the principal question lurking under the question of whether there is a separate written description requirement (one of the questions posed to the parties and amici...

Full post as published by Patent Docs on December 10, 2009 (boomark / email).