Ariad Pharmaceuticals, Inc. And Its Co-Plaintiffs Announce That the Court of Appeals Granted Their Petition for Rehearing En Banc In the Eli Lilly and Company NF-kB Patent Lawsuit

CAMBRIDGE, Mass.--(BUSINESS WIRE)--ARIAD Pharmaceuticals, Inc. (NASDAQ: ARIA) and its co-plaintiffs today announced that the U.S. Court of Appeals for the Federal Circuit (the “Federal Circuit”) has granted their petition for rehearing en banc and has vacated its April 2009 decision in the appeal that Eli Lilly and Co. filed in 2008. All twelve judges of the Federal Circuit will now rehear and reassess the merits of Lilly’s appeal. This decision by the Federal Circuit concerns a judgment holding Lilly liable for infringement of U.S. Patent No. 6,410,516 (the ‘516 patent) licensed to ARIAD by Harvard University, Massachusetts Institute of Technology and the Whitehead Institute for Biomedical Research. ARIAD is the exclusive licensee of the technology and patents.

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