Federal Circuit Confirms That Written Description and Enablement are Separate Requirements

Fitzpatrick Case Update
March 22, 2010

Partner Leonard P. Diana’s article, “Federal Circuit Confirms That Written Description and Enablement are Separate Requirements” (written with the assistance of associate Preston Heard), summarizes the highlights of the Court of Appeals for the Federal Circuit’s decision in Ariad Pharmaceuticals, Inc. et al. v. Eli Lilly and Company. Sitting en banc, the court, in a 9-2 decision, held that the concept of separate written description and enablement requirements is fundamental to patent law.

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