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Federal Circuit Issues Significant Biotech Decisions

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

By Donald Zuhn -- This morning, the Federal Circuit issued decisions in both In re Kubin and Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. In Kubin, the Federal Circuit, with Circuit Judge Rader writing for Circuit Judges Friedman and Linn, affirmed the Board's decision that Kubin's claims were obvious. In Ariad Pharmaceuticals, the Federal Circuit, with Circuit Judge Moore writing for Circuit Judge Linn and Circuit Judge Linn writing a concurring opinion, reversed-in-part, holding the asserted claims of Ariad's U.S. Patent No. 6,410,516 invalid for lack of written description, and affirmed-in-part, holding that the asserted patent was not unenforceable...

Full post as published by Patent Docs on April 03, 2009 (boomark / email).