D. Del. grants Ariad leave to appeal adverse SJ ruling

D. Del. has granted Ariad leave for immediate appeal to the CAFC of the adverse summary judgment ruling.

The Boston Globe noted:

Ariad Pharmaceuticals Inc. of Cambridge said today [Oct. 6] that a federal judge has granted its request to permit an immediate appeal of the court's ruling against Ariad in a patent infringement case.

In its summary judgment ruling, the US District Court for the District of Delaware found that the administration of Enbrel, a drug marketed by Amgen Inc. of California, falls outside the scope of Ariad patents that cover certain cell-signaling activity.

See also

http://ipbiz.blogspot.com/2008/09/ariad-plans-appeal-of-loss-in-amgen.html