Amgen's Preemptive Strike Survives Motion To Dismiss

Law360, New York (September 12, 2006, 12:00 AM EDT) -- In a setback for Ariad Pharmaceuticals Inc., a federal judge has denied the drug maker’s motion to dismiss a lawsuit filed by Amgen Inc., ensuring the biotechnology firm’s attack on an Ariad arthritis-treatment patent will go forward.

In the lawsuit, filed in April in the U.S. District Court for the District of Delaware, Amgen is seeking confirmation that Ariad’s heavily litigated patent for cell-signaling activity is invalid and not infringed by two of Amgen's popular anti-arthritis drugs.

Ariad’s patent-in-suit generated a $56.2 million award in May...
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