FOR IMMEDIATE RELEASE
November 16, 2009
Contact: Richard B. Racine, 202.408.4038
Finnegan Files Principal Brief for Client Eli Lilly and Company Finnegan Files Principal Brief for Client Eli Lilly and Company in Closely Watched "Written Description" Case
Washington, DC - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, filed the principal brief on behalf of client Eli Lilly and Company in Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company, Fed. Cir., No. 2008-1248. Finnegan will argue on behalf of Eli Lilly at an en banc hearing at the Federal Circuit on December 7, 2009 at the Federal Circuit.
In April 2009, the Federal Circuit reversed a jury’s finding that four claims of Ariad’s U.S. Patent No. 6,410,516 were valid and infringed by Lilly’s sale of Evista® (marketed for the treatment and prevention of osteoporosis in post-menopausal women), and Xigris® (marketed for the treatment of severe sepsis in adults). The jury had awarded Ariad sixty-five million dollars in damages and a running royalty. Ariad subsequently petitioned the Federal Circuit rehearing en banc, and the court granted the petition in August. The outcome of the case could have a huge impact on the biotechnology industry as the court will examine whether patent law contains a written description requirement in addition to an enablement requirement. More than twenty amicus briefs are expected to be filed in favor of Eli Lilly’s position.
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