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Ariad Files Petition for Rehearing in Ariad v. Lilly

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- Yesterday, Ariad Pharmaceuticals filed a petition for a panel rehearing of the decision issued by the Federal Circuit in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. In that decision, issued on April 3, the Federal Circuit reversed the District Court's denial of Lilly's motion for JMOL in view of a jury verdict of infringement and validity of the asserted claims, and affirmed the District Court's ruling that Lilly failed to establish the affirmative defense of inequitable conduct (see Patent Docs report). In its petition, Ariad lays out two questions of exceptional importance: (1) Whether this...

Full post as published by Patent Docs on June 04, 2009 (boomark / email).