AMGEN, INC. v. ARIAD PHARMACEUTICALS, INC.

Civ. A. No. 06-259-MPT.

513 F.Supp.2d 34 (2007)

AMGEN, INC., Immunex Corporation Amgen USA Inc., Amgen Manufacturing Limited, Immunex Rhode Island Corporation, Plaintiffs, v. ARIAD PHARMACEUTICALS, INC., Defendant.

United States District Court, D. Delaware.

March 27, 2007.


Attorney(s) appearing for the Case

Melanie K. Sharp, Young, Conaway, Stargatt & Taylor, Wilmington, DE, Mark A. Pals, Marcus E. Sernel, Chicago, IL, Robert G. Krupka, Drew Diamond, Los Angeles, CA, for Plaintiffs Amgen Inc., Immunex Corporation, Amgen USA, and Immunex Rhode Island Corp., of counsel.

John G. Day, Steven J. Balick, and Tiffany Geyer Lydon, Ashby & Geddes, Wilmington, DE, Morgan Chu, David I. Gindler, Elizabeth L. Rosenblatt, Irell & Manella, LLP, Los Angeles, CA, for Defendant Ariad Pharmaceuticals Inc., of counsel.


MEMORANDUM OPINION

THYNGE, United States Magistrate Judge.

I. Introduction

On April 20, 2006, Amgen Inc. and related entities (collectively "Amgen") filed a declaratory judgment action asserting that each claim of U.S. Patent No. 6,410,516 ("`516 patent") is invalid. The '516 patent is owned by the Massachusetts Institute of Technology ("MIT"), the Whitehead Institute for Biomedical Research ("Whitehead"), and the President and...

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