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AMGEN, INC. v. ARIAD PHARMACEUTICALS, INC.

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

577 F.Supp.2d 724 (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.

September 19, 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, Frederick L. Cottrell, III, Anne Shea Gaza, Richards, Layton & Finger, Wilmington, DE, for Defendants.

MEMORANDUM ORDER

MARY PAT THYNGE, United States Magistrate Judge.

INTRODUCTION

This is a patent case. 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 ("the '516 patent") is invalid and not infringed. ARIAD Pharmaceuticals, Inc., and others, (collectively "ARIAD") counterclaimed for infringement of certain claims of the '516 patent...

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