FOR IMMEDIATE RELEASE
March 22, 2010
Contact: Howard W. Levine, 202.408.4259
Charles E. Lipsey, 571.203.2700
Federal Circuit Rules in Favor of Finnegan Client Eli Lilly and Company, Confirming the Existence of a Separate Written Description Requirement
WASHINGTON, DC - Today the Federal Circuit, in an en banc opinion, confirmed the existence of a separate written description requirement that ensures that inventors have actually invented and described the subject matter claimed in their patents. The decision was 9-2. Judge Lourie wrote the majority opinion, and Judges Rader and Linn each wrote separate dissents. There were twenty-five amicus briefs filed in the en banc appeal, and nineteen of them supported Lilly.
The decision reverses a jury verdict against firm client Eli Lilly and Company. Lilly had previously been found liable for infringing Ariad’s ’516 patent, and the jury had awarded Ariad a multi-million dollar verdict. The en banc opinion held that the asserted claims of the ’516 patent failed to satisfy the written description requirement of section 112 and were thus invalid.
Finnegan represented Lilly in the appeal.
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