Matthew Dowd and Robert Scheffel co-authors article published in Lexology
Lexology published an article entitled “Federal Circuit issues ruling on § 112 written description requirement,” co-authored by Matthew Dowd, Robert Scheffel and Joseph Shin. The article discusses the issues in Ariad v. Eli Lilly before the Federal Circuit, as well as the Court’s en banc decision in the case. The article then discusses various areas of patent law that will likely be affected the ruling in Ariad, including an easier standard by which to challenge patents based on the written description requirement, a more limited scope of protection for pioneering-type inventions, and added pressure to expand procedures for the post-issuance review of patents.
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