What’s Next for Written Description? – The oral argument in Ariad

Fitzpatrick Case Update
December 8, 2009

Partner Leonard P. Diana’s article, “What’s Next for Written Description? The Oral Argument in Ariad” (written with the assistance of associate Preston Heard), summarizes and briefly comments on the positions of the parties, and of the government as amicus curiae, in the briefing and oral argument for the en banc rehearing of Ariad Pharmaceuticals, Inc. et al. v. Eli Lilly and Company by the Court of Appeals for the Federal Circuit. The decision by the full court in this case, expected to issue next spring, may provide some clarification of the foundations and significance of the written description doctrine.

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