Thursday, May 11, 2006

Previous decision by district court in Ariad v. Lilly

On June 6, 2005, the district court judge (RYA W. ZOBEL) ruled on discovery matters, including the following:

3. Plaintiff's Motion to Quash Subpoena Served upon Third-Party Dr.
Stuart L. Schreiber (# 137) and Motion to Quash Subpoena or for Protective Order
by Stuart Schreiber (# 136).

Since the deposition was first noticed long before the close of
discovery, both motions are denied. Defendant may depose Dr. Schreiber concerning
his knowledge of the '516 patent as a director and co-founder of plaintiff
and his involvement with the prosecution and commercialization of that patent,
if any. He is not required to give expert testimony. The subpoena for documents
is similarly limited.

The plaintiffs (Ariad, et al.) were represented by: Lee C. Bromberg, Kerry L. Timbers, Lisa M. Fleming, Bromberg & Sunstein LLP, Boston, MA; Leora Ben-Ami, Patricia A. Carson, Thomas F. Fleming, Vladimir Drozdoff, Kaye Scholer LLP, New York, NY.

[see 2005 U.S. Dist. LEXIS 10941]

Schreiber, Morris Loeb Professor of the Department of Chemistry and Chemical Biology at Harvard University, founded several biotechnology firms, including Vertex Pharmaceuticals (1989), ARIAD Pharmaceuticals (1991) and Infinity Pharmaceuticals (2001). He has been involved in techniques for small molecule screening.


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