Tag Archives: Ariad v. Lilly

Ariad v. Lilly Comes Down (On Us) – Judge Lourie Rules!

In a majority opinion authored by Judge Lourie for the Federal Circuit sitting en banc (Appeal No. 2008-1248 (Fed. Cir. March 22, 2010)) (a PDF of which is attached to the end of this post), the court held that there … Continue reading

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ARIAD v. LILLY – A Modest Proposal – Should Screening be Enough?

As the Fed. Cir. prepares to issue an en banc opinion on the existence and role of the written description requirement in section 112, it seems like a time for reflection. After taking the position that enablement should suffice for … Continue reading

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Yes, Judge Michel, There have been some WDR Appeals!

During oral argument before the Fed. Cir. in Ariad v. Lilly, as reported by Patently-O, the government attorney was pressed for specific evidence that a separate WDR “is necessary for USPTO to perform its examination function”, e.g., that it serves a practical … Continue reading

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ANOTHER “HAIL MARY” CLAIM BITES THE DUST

In my post of April 22, 2009, I spent quite a lot of time discussing why “mechanism of action” claims may issue but, like the “Hail Mary” pass in football, remain vulnerable to invalidation as inherently anticipated by the prior … Continue reading

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