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Articles

Revisiting Ariad v. Eli Lilly

August 11, 2009

Articles

Revisiting Ariad v. Eli Lilly

August 11, 2009

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by Brian Coggio and Cherylyn Esoy Mizzo

On April 3, 2009, the Federal Circuit issued its decision in Ariad Pharmaceuticals Inc. v. Eli Lilly & Co., 560 F. 3d 1366 (Fed. Cir. 2009), in which the court held, inter alia, that claims directed to a method of reducing Nucleur Factor Kappa B (Nf-KB) activity in cells were invalid for failing to satisfy the written description requirement under 35 U.S.C. Sec. 112, Paragraph 1.

The appeal presented the court with an opportunity to revisit the written description doctrine, particularly as applied to biotechnology patents – an issue that has engendered sharp disagreement among the judges at the Federal Circuit.

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