Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.
United States Court of Appeals for the Federal Circuit
598 F.3d 1336 (Fed. Cir. 2010)
Relevant factsFree
Ariad's (plaintiff) patent on reducing NF-kB activity described using decoy molecules so that NF-kB "would bind the decoy" to achieve "negative regulation," but didn't specify a particular method for accomplishing this; after a jury found Eli Lilly (defendant) infringed, a Federal Circuit panel reversed and invalidated the claims for lack of adequate written description, and Ariad sought en banc review, arguing no separate written description requirement exists apart from enablement.
IssueFree
Whether the first paragraph of 35 U.S.C. § 112 contains a written description requirement separate from the enablement requirement.