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AMGEN, INC. v. ARIAD PHARMACEUTICALS, INC.

C.A. No. 06-259-MPT.

577 F.Supp.2d 702 (2008)

AMGEN, INC., Immunex Corporation, Amgen USA Inc., Amgen Manufacturing Limited, and Immunex Rhode Island Corporation, Plaintiffs, v. ARIAD PHARMACEUTICALS, INC., and The Whitehead Institute for Biomedical Research, Defendants. Ariad Pharmaceuticals, Inc., Massachusetts Institute of Technology, The President and Fellows of Harvard College, and The Whitehead Institute for Biomedical Research, Counterclaim Plaintiffs, v. Amgen Inc., Immunex Corporation, Amgen USA Inc., Amgen Manufacturing Limited, Immunex Rhode Island Corporation, and Wyeth, Counterclaim Defendants.

United States District Court, D. Delaware.

As Amended September 26, 2008.

Attorney(s) appearing for the Case

Melanie K. Sharp, Mary Frances Dugan, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Plaintiffs.

John G. Day, Steven J. Balick, Lauren E. Maguire, Tiffany Geyer Lydon, Ashby & Geddes, Wilmington, DE, for Defendants.

Frederick L. Cottrell, III, Anne Shea Gaza, Richards, Layton & Finger, Wilmington, DE, for Wyeth.

MEMORANDUM ORDER

MARY PAT THYNGE, United States Magistrate Judge.

INTRODUCTION

This is a patent case. A detailed recitation of the convoluted procedural posture of this case is unnecessary. A brief recitation follows. On April 20, 2006, Amgen, Inc., and related entities (collectively "Amgen"), filed a Complaint for Declaratory Judgment of Patent Invalidity and Non-Infringement of U.S. Patent No. 6,410,516 ("the '516 patent"). An amended...

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