Volume 560 — Federal Reporter, Third Series

American Booksellers Foundation for Free Expression v. Strickland, 560 F.3d 443 (6th Cir. 2009), is a decision of the Sixth Circuit Court of Appeals involving a constitutional challenge—both facially and as-applied to internet communications—to an Ohio statute prohibiting the dissemination or display to juveniles of certain sexually-explicit materials or performances. The Sixth Circuit panel declined to resolve the constitutional issue but, instead, certified two questions to the Ohio Supreme Court regarding the interpretation of the statute. The Ohio Supreme Court answered both questions affirmatively and placed a narrowing construction on the statute. Since the Ohio Supreme Court's decision, the Sixth Circuit has not reheard the case.

Ariad Pharmaceuticals et al. v. Eli Lilly and Company, 598 F.3d 1336 (Fed. Cir. 2010) (en banc), is a United States court case regarding accusations of infringement by Eli Lilly on U.S. patent 6,410,516 held by ARIAD Pharmaceuticals. The Federal Circuit ruled en banc to invalidate the patent for a lack of sufficient description of the invention. Amici briefing before the en banc panel was intensive, with 26 separate briefs filed, and the final decision has been heavily discussed by legal commentators. Its ultimate impact on biotechnology patents remains to be determined.