Ariad gets favorable court ruling on Amgen litigation

USA-based Ariad Pharmaceuticals says that the US District Court for the District of Delaware has granted its motion to permit an immediate appeal of the Court's summary judgment ruling of non-infringement by biotechnology giant Amgen's Enbrel (etanercept), of seven claims of US Patent No 6,410,516 (the '516 patent). The Court also cancelled the trial scheduled for November and administratively closed the case for now.

In its summary judgment ruling, the Court found that the administration of Enbrel falls outside the scope of the asserted claims based on the Court's interpretation of these to exclude extracellular methods of reducing NF-kB activity. In its appeal, Ariad will seek reinterpretation of the asserted '516 patent claims by the Court of Appeals for the Federal Circuit so that the firm's infringement case against Amgen may be tried by the Delaware Court. Amgen's challenges to the validity and enforceability of the '516 patent claims will not be considered by the Delaware Court until that time.