Tuesday, September 12, 2006

Ariad's motion to dismiss DJ of Amgen denied by D. Del.

Reuters reports: Amgen is seeking a declaratory judgment that its arthritis drugs Enbrel and Kineret do not infringe an Ariad patent and that the patent is invalid.

Based on the ruling by the United States District Court for the District of Delaware, the case will now move forward.


Based on the outcome that befell Lilly in Ariad's "hometown" D Mass, this is a victory for Amgen. In the meantime, recall that 160 of Ariad's claims have been initially (not finally) rejected in a re-exam. The tide may be turning here.

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