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ARIAD PHARMACEUTICALS, INC. v. ELI LILLY AND CO.

No. 2008-1248.

560 F.3d 1366 (2009)

ARIAD PHARMACEUTICALS, INC., Massachusetts Institute of Technology, The Whitehead Institute for Biomedical Research, and The President and Fellows of Harvard College, Plaintiffs-Appellees, v. ELI LILLY AND COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 3, 2009.

Attorney(s) appearing for the Case

Stephen S. Rabinowitz, Fried Frank Harris Shriver & Jacobson LLP, of New York, NY, argued for plaintiffs-appellees. With him on the brief were James W. Dabney, John F. Duffy, Mitchell Epner, and Randy C. Eisensmith. Of counsel on the brief were Leora Ben-Ami, Matthew McFarlane, Christopher T. Jagoe, Sr., Howard S. Suh, and Patricia A. Carson, Kay Scholer LLP, of New York, NY.

Charles E. Lipsey, Finnegan, Henderson, Farabow, Garrett & Dunner L.L.P., of Reston, VA, argued for defendant-appellant. With him on the brief were Robert D. Bajefsky, David S. Forman, Howard W. Levine, Laura P. Masurovsky and Jennifer A. Johnson of Washington, DC. Of counsel was Sanya Sukduang. Of counsel on the brief were Paul R. Cantrell, Gilbert T. Voy, and Alexander Wilson, Eli Lilly and Company, of Indianapolis, IN.

Before LINN, PROST, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Plaintiffs-Appellees Ariad Pharmaceuticals, Inc., Massachusetts Institute of Technology, the Whitehead Institute for Biomedical Research, and the Presidents and Fellows of Harvard College (collectively, Ariad) sued Defendant-Appellant Eli Lilly and Company (Lilly) in the United States District Court for the District of Massachusetts for infringement of claims 80, 95, 144, and 145 (the asserted claims) of U.S. Patent No. 6,410,516 (the '516 patent...

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