Federal Circuit to review Ariad v Eli Lilly En Banc

The Federal Circuit has granted the petition for rehearing en banc filed by the plaintiffs in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co.  The Court has asked the parties to file briefs addressing (1) whether a written description requirement separate from an enablement requirement is contained in 35 U.S.C. 112 (1); and (2) if a separate written description requirement is set forth in the statute, what is the scope and purpose of this requirement.