Category Archives: Written Description Requirements (WDR)

TALKING WRITTEN DESCRIPTION REQUIREMENT BLUES – ARIAD WOBBLES

Posted on October 12, 2009 by Warren Woessner

On October 5, 2009, Ariad filed a 60 page brief (not counting attached appendices) with the Federal Circuit in support of its appeal in Ariad v. Lilly. (Attached below.) As you will recall from my post of August 24th, the … Continue reading →

Posted in Written Description Requirements (WDR) | Tagged , , , , , , , , | Leave a comment

Federal Circuit Grants Ariad’s Petition for Rehearing En Banc to Settle WDR Hash.

Posted on August 24, 2009 by Warren Woessner

At long last, the Federal Circuit will specifically address the questions of (a) whether or not section 112 contains a written description requirement separate from the enablement requirement and, if it does (b) what is its scope and purpose. Hopefully, … Continue reading →

Posted in Written Description Requirements (WDR) | Tagged , , , , | 1 Comment

NATURE/BIOTECHNOLOGY SUMMARIZES ARIAD DECISION

Posted on June 10, 2009 by Warren Woessner

A recent article by Ken Garber in Nature/Biotechnology, 27, 494 (June 2009) summarizes the recent Federal Circuit decision invalidating the claims-in-suit in Ariad v. Lilly for failure to meet the WDR. (See my post of April 13, 2009 “Federal Circuit … Continue reading →

Posted in Written Description Requirements (WDR) | Tagged , , , , , , , , , , , , | Leave a comment

Ariad: “The Future Ain’t What It Used To Be!” Judge Linn’s Concurrence and the Abuse and Neglect of the Enablement Requirement at the Federal Circuit

Posted on May 5, 2009 by Warren Woessner

In my post of April 13, 2009, I concluded with a brief summary of Judge Linn’s cogent concurrence, and noted that I would revisit it. Judge Linn does not believe that it was ever necessary for the court to graft … Continue reading →

Posted in Written Description Requirements (WDR) | Tagged , , , , , , , , , | Leave a comment