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Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. (Fed. Cir. 2010) (en banc)

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

By Kevin E. Noonan -- It's settled, then -- unless the Supreme Court decides to weigh in, there is a separate written description requirement in 35 U.S.C. § 112, first paragraph. The precedent developed since Regents of the University of California v. Eli Lilly & Co. is good law. This is the judgment of the Federal Circuit in an opinion by the en banc Court, written (appropriately) by Judge Lourie, and joined by every member of the Court except (predictably) Judge Linn and soon-to-be Chief Judge Rader. The en banc opinion addressed all of Ariad's arguments, and found in favor...

Full post as published by Patent Docs on March 23, 2010 (boomark / email).