U.S. Appeals Court Issues Ruling in Support of Lilly in Ariad Patent Litigation

INDIANAPOLIS, April 3 /PRNewswire-FirstCall/ -- The Court of Appeals for the Federal Circuit in Washington, D.C. today overturned a lower court decision and ruled in favor of Eli Lilly and Company (NYSE:LLY) in the case of Ariad Pharmaceuticals et al. v. Eli Lilly and Company. An earlier jury decision in the U.S. District Court of Massachusetts, and a subsequent bench trial ruling, had deemed that a patent owned by Harvard University, the Massachusetts Institute of Technology and the Whitehead Institute, and licensed to Ariad, was valid and infringed by Lilly's sales of Evista(R) and Xigris(R). Today's ruling by the Court of Appeals overturned that prior decision, concluding that Ariad's patent claims are invalid for failing to meet the written description requirement.


  "We are pleased with today's ruling from the Court of Appeals and believe
  that the Court fairly applied long-standing patent law principles," said
  Robert A. Armitage, senior vice president and general counsel for Lilly.
  "Over many years the Court's rulings have provided effective protection
  for biotechnology inventions while rejecting attempts at claims extending
  beyond the inventor's work."


Lilly, a leading innovation-driven corporation, is developing a growing portfolio of first-in-class and best-in-class pharmaceutical products by applying the latest research from its own worldwide laboratories and from collaborations with eminent scientific organizations. Headquartered in Indianapolis, Ind., Lilly provides answers - through medicines and information - for some of the world's most urgent medical needs. Additional information about Lilly is available at www.lilly.com. C-LLY


  Evista(R) (raloxifene, Lilly)
  Xigris(R) (drotrecogin alfa [activated], Lilly)

  (Logo: http://www.newscom.com/cgi-bin/prnh/20031219/LLYLOGO)

Photo: http://www.newscom.com/cgi-bin/prnh/20031219/LLYLOGO
Source: Eli Lilly and Company

CONTACT: Mark Taylor, +1-317-276-5795

 

Posted: April 2009


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