Written Descriptions: How Much is Enough? Court Will Revisit Ariad Case to Clarify the Amount of Disclosure Necessary in Patents

Foley Partner Courtenay Brinckerhoff authored an article titled, “Written Descriptions: How Much is Enough? Court Will Revisit Ariad Case to Clarify the Amount of Disclosure Necessary in Patents” in the Genetic Engineering & Biotechnology News. Brinckerhoff discusses the Federal Circuit’s decision to rehear Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. en banc to resolve an intra-court split over whether 35 USC § 112 imposes a written-description requirement that is separate from the enablement requirement. She reviews how the outcome of the case could have significant impact on biotechnology patents, which are often vulnerable to written-description challenges.