The Federal Circuit's en banc opinion in Ariad Pharms., Inc. v. Eli Lilly & Co. (Fed. Cir. Mar. 22, 2010) has reaffirmed the existence of a separate written description under Section 112, paragraph 1 in both the priority context and for original claims. The claims must be supported by a sufficient written description objectively contained in the four corners of the specification from the perspective of the skilled worker. How is this test likely to be applied in future cases?
In this presentation, we will explore some of the implications of this opinion. Clearly, this opinion affects patent enforcement and patent prosecution in the life sciences. Can the reasoning of this opinion also be used in patent litigation in other technological arenas and outside basic research? What steps should patent prosecutors and litigators be taking now to strengthen their patent rights and challenge patent assertions by others?
Please join us for insights about what was said in the opinion and the practical consequences.
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