Amgen Launches Preemptive Strike in Patent Battle

Law360, New York (April 24, 2006, 12:00 AM EDT) -- In an effort to fend off future claims of patent infringement relating to two of its anti-arthritis drugs, Amgen Inc. has filed a lawsuit in a federal court in Delaware seeking declaratory judgment.

Amgen’s complaint against rival drug company Ariad Pharmaceuticals Inc., which was filed Thursday, implies that future patent infringement claims against Amgen’s drugs Enbrel and Kineret are a virtual certainty. Those claims would stem from Ariad’s patent—U.S. Patent no. 6,410,516—which covers the regulation of NF-(kappa)B cell-signaling activity as a treatment for disease.

“Ariad’s actions...
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