Patents and the Written Description Requirement
Meeting Section 112 Disclosure Obligations After Ariad v. Lilly
Federal Circuit clarifies dual requirements for describing inventions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to patentees, patent challengers and counsel for dealing with the U.S. Patent Law Section 112's written description requirement. The panel will also discuss the implications of the Federal Circuit's recent opinion in Ariad v. Eli Lilly for compliance and patent challenges.
- Written description requirement
- Purpose and scope
- What is required by Section 112
- Application of the requirement
- Ariad v. Lilly
- Federal Circuit’s ruling
- Dissents by Judges Rader and Linn
- Implications of the decision
- on patent prosecution
- for predictable arts
- for non-predictable arts
- for the written description
- on patent litigation
- Best practices to meet the written description requirement
The panel will review these and other key questions:
- What are the implications of Ariad for the predictable and non-predictable arts?
- How will Ariad impact patent prosecution?
- What steps can patentees and counsel take to meet the written description requirement and withstand invalidity challenges based on the written description?
Peter G. Pappas
Sutherland Asbill & Brennan
He concentrates primarily in chemical patent prosecution and handles mechanical patent prosecution, federal trademark... | Read More
He concentrates primarily in chemical patent prosecution and handles mechanical patent prosecution, federal trademark prosecution, licensing and other intellectual property transactions, validity and infringement opinions, and litigation support. He has substantial experience in prosecuting patents for packaged beverage manufacturing, polymeric nonwoven products and manufacturing equipment.Close
She is a member of the firm’s patent litigation practice and focuses her practice on intellectual property... | Read More
She is a member of the firm’s patent litigation practice and focuses her practice on intellectual property litigation, with particular expertise in patent infringement and trade secret disputes. She also practices in the area of white collar criminal defense.Close