PTO Strikes Down Ariad’s Patent

Law360 (September 8, 2006, 12:00 AM EDT) -- The U.S. Patent & Trademark Office has invalidated 160 of 203 claims on a patent that is vital to Ariad Pharmaceuticals Inc.’s case against rival Eli Lilly & Co.

Though the PTO’s decision is not final—Ariad still has a chance to reply—it does provide Eli Lilly with a bargaining chip in future negotiations and with powerful evidence in future trials.

In the re-examination, the PTO struck down most of Ariad’s claims for obviousness. When something is old, it does not become patentable just because the scientific...
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