News

Intellectual Property – Federal Circuit Reaffirms Existence of a Separate Written Description Requirement

April 2, 2010 /

MATR Sponsor (view all)


Bear Paw Development Corporation is a private non-profit organization created for the purpose of administering programs to help improve regional economic conditions in Hill, Blaine, Liberty, Chouteau and Phillips Counties and the Fort Belknap and Rocky Boy's Indian Reservations.

In an en banc opinion, the Federal Circuit held in Ariad Pharms v. Eli Lilly & Co., 2008-1248 (March 22, 2010) that 35 U.S.C. § 112 contains both a written description (“WD”) requirement and an enablement requirement and that these requirements are separate and distinct.

The holding of such separate and distinct requirements is not necessarily new – a separate written description requirement has existed at least since the court decided Regents of the University of California v. Eli Lilly & Co. in 1997 – the court drew a firm line and decisively articulated that confusion regarding the separateness of the requirements should be dismissed.

Alicia Mills, Brett Klein, Michelle Dawson

Full Story: http://www.dorsey.com/eupdate_ip_mills_written_description_april10/

***

Dorsey & Whitney – An International business law firm, applying a business perspective to clients’ needs in Missoula, Montana and beyond. – http://www.matr.net/click.php?id=&url=http%3A%2F%2Fwww.dorsey.com%2Flocations%2FOffice.aspx%3Foffice%3D22

MATR Supporters (view all)


SBA 504 Loans offered statewide! Real estate and equipment, acquisitions, renovation, and new construction. Low, fixed-rates up to 25 years with as little as 10% down.

Bozeman is a rapidly growing city with a high quality of life in part due to the easy access to the outdoors, burgeoning tech industry, and cultural experiences it offers.

Prospera helps businesses and communities find their pathway to success, acting as the navigator, problem solver and catalyst for a strong Montana economy.
Posted in:

News Catrgory Sponspor:


Dorsey & Whitney - An International business law firm, applying a business perspective to clients' needs in Missoula, Montana and beyond.

Leave a Comment

You must be logged in to post a comment.