Print PDF


Finnegan Files Principal Brief for Client Eli Lilly and Company in Closely Watched "Written Description" Case

November 16, 2009

Related Professionals: Racine, Richard B.

Press Release

November 16, 2009

Contact:   Richard B. Racine, 202.408.4038 
                   Managing Partner

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.

About Finnegan

With more than 375 intellectual property lawyers, Finnegan is one of the largest IP law firms in the world. From offices in Washington, DC; Atlanta, Georgia; Cambridge, Massachusetts; Palo Alto, California; Reston, Virginia; Brussels, Belgium; Shanghai, China; Taipei, Taiwan; and Tokyo, Japan, the firm practices all aspects of patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit