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Federal Circuit Reaffirms The Existence Of A Written Description Requirement Separate From The Enablement Requirement

On March 22, 2010, the Federal Court issued its en banc decision in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Company [2010 U.S. App. LEXIS 5966], reaffirming that 35 U.S.C. § 112 , ¶ 1 contains a written description requirement separate from the enablement requirement. An earlier panel...