The Federal Circuit granted a petition for en banc review in Ariad v. Lilly, which specified two questions:

a. Whether 35 U.S.C. 112, paragraph 1, contains a written description requirement separate from an enablement requirement? and,

b. If a separate written description requirement is set forth in the statute, what is the scope and purpose of the requirement?

Amicus briefs were invited, and the parties briefs are due in 45 days and 30 days hence.

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