En Banc Federal Circuit Reaffirms a Separate Written Description Requirement
Our colleagues Al Jacobs, Trenton Ward, Jihan Jenkins and Puja Patel have written a detailed analysis of the Federal Circuit's highly anticipated en banc decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co., No. 2008-1248 (Fed. Cir. March 22, 2010), which can be found here.
In Ariad, "the Federal Circuit reaffirmed that patents must satisfy “two separate description requirements: a ‘written description’ [i] of the invention, and [ii] of the manner and process of making and using [the invention].” The Federal Circuit’s decision is in line with existing recent precedent, but raises questions about the ability of some inventors, particularly universities and research entities, to obtain patents on early stage research." To read more, click here.
