Monday, October 06, 2008

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.

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