Tag Archives: WDR

WILL THE NIGHTMARE FOR BIOTECH PREP/PROS NEVER END?

I recently gave a talk on patenting biomarkers, and was asked to talk about “push-back” by the courts and the PTO against getting useful patent claims in this emerging area (the gateway to “personalized medicine.” I was struck with how … Continue reading

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A Look Back at the Roots of the Thorny WDR Problem

As the date for oral argument looms in Ariad v. Lilly, as does an en banc decision as to the existence and/or the role of the written description requirement (WDR) in Section 112, I thought it would be worthwhile to … Continue reading

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TALKING WRITTEN DESCRIPTION REQUIREMENT BLUES – ARIAD WOBBLES

On October 5, 2009, Ariad filed a 60 page brief (not counting attached appendices) with the Federal Circuit in support of its appeal in Ariad v. Lilly. (Attached below.) As you will recall from my post of August 24th, the … Continue reading

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Federal Circuit Grants Ariad’s Petition for Rehearing En Banc to Settle WDR Hash.

At long last, the Federal Circuit will specifically address the questions of (a) whether or not section 112 contains a written description requirement separate from the enablement requirement and, if it does (b) what is its scope and purpose. Hopefully, … Continue reading

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