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Federal Circuit Grants En Banc Review in Ariad v. Lilly

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

By Donald Zuhn -- The Court of Appeals for the Federal Circuit today decided that the appeal in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. warrants en banc consideration. In June, Ariad filed a petition for rehearing of the decision issued by the Federal Circuit on April 3 (see "Ariad Files Petition for Rehearing in Ariad v. Lilly"). A panel consisting of Circuit Judges Linn, Prost, and Moore -- with Judge Moore authoring the opinion -- 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...

Full post as published by Patent Docs on August 21, 2009 (boomark / email).