Ariad v. Lilly: En Banc Panel of the Federal Circuit Reaffirms Written Description Requirement


On March 22, 2010, an en banc panel of the U.S. Court of Appeals for the Federal Circuit reaffirmed past Federal Circuit precedent holding that the first paragraph of 35 U.S.C. § 112 requires both a written description of an invention and an enabling disclosure of how to make and use an invention. See Ariad Pharms., Inc. v. Eli Lilly & Co., -F.3d- 2010 WL 1007369 (Fed. Cir., Mar. 22, 2010)

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