2008-1248 ARIAD PHARMACEUTICALS, INC., ET AL. v. ELI LILLY AND COMPANY
On appeal from the United States District Court for the District of
Judgment reversed in part and affirmed in part.
Opinion by Lourie, Circuit Judge, in which Chief Judge Michel and
Circuit Judges Newman, Mayer, Bryson, Gajarsa, Dyk, Prost, and
Moore join. Additional views filed by Circuit Judge Newman.
Concurring opinion filed by Circuit Judge Gajarsa. Dissenting-in-part,
concurring-in-part opinion filed by Circuit Judge Rader, in which Circuit
Judge Linn joins. Dissenting-in-part, concurring-in-part opinion filed by
Circuit Judge Linn, in which Circuit Judge Rader joins.
Harvey the Emperor speaks
"We are reviewing the ruling issued today by the Federal Circuit to
assess our options in the case," said Harvey J. Berger, M.D., chairman
and chief executive officer of ARIAD.
The '516 Patent, issued in 2002, is based on the pioneering discoveries
made by research groups led by Professors David Baltimore, Phillip Sharp
and Tom Maniatis at the Massachusetts Institute of Technology, The
Whitehead Institute for Biomedical Research and Harvard University.
ARIAD is the exclusive licensee of the technology and patents.