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  • Ariad Pharmaceuticals, Inc. v. Eli Lilly &am…Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.
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Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

United States Court of Appeals for the Federal Circuit
598 F.3d 1336 (Fed. Cir. 2010)


Ariad Pharmaceuticals, Inc. (Ariad) (plaintiff) obtained a patent its discovery that reducing NF-kB activity could reduce the harms of certain diseases. The patent stated that Ariad’s discovered process would use decoy molecules and that NF-kB “would bind the decoy,” and thereby, “negative regulation can be effected.” Ariad brought suit against Eli Lilly & Co. (Eli Lilly) (defendant) for infringement of the patent. The United States District Court for the District of Massachusetts (District Court) found patent infringement, but did not hold any of Ariad’s claims invalid. The District Court then denied Ariad’s motion for judgment as a matter of law. A panel of the United States Court of Appeals for the Federal Circuit reversed the denial and held Ariad’s claims invalid for wont of written description. Ariad petitioned for a rehearing en banc, arguing that the first paragraph of 35 U.S.C. § 112 does not contain a written description requirement separate from the enablement requirement, and, alternatively, that if a separate written description is required, Ariad’s description was sufficient to meet this requirement.

Rule of Law


Holding and Reasoning (Lourie, J.)

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