Ariad v. Eli Lilly is a case that has garnered much attention in the patent law community, but it is also a case that originated D. Mass., as have many high profile Federal Circuit cases over the years. Originally before Judge Zobel, the case was heard en banc by the Federal Circuit, who issued its opinion today. The en banc court confirmed that 35 USC § 112, ¶ 1 contains a written description requirement separate from the enablement requirement. Today’s decision follows the original panel decision, reversing Judge Zobel’s denial of JMOL and holding the asserted genus claims of Patent No. 6,410,516 invalid for failure to meet the statutory written description requirement.
For an excellent take on how the written description and enablement requirements work together to preclude patenting of basic scientific research, I recommend Judge Newman’s short “additional views” which follow the majority opinion.
Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co., 2008-1248 (Fed. Cir., Mar. 22, 2010)