Ariad sues Lilly
On June 25, the US Patent and Trademark Office (Arlington, VA) issued a patent covering the regulation of the nuclear factor–κB (NF-κB) cell signaling pathway for therapeutic purposes ('516) to researchers from Harvard University, Massachusetts Institute of Technology, and the Whitehead Institute for Biomedical Research (Cambridge, MA). On the same day, Ariad Pharmaceuticals (Cambridge, MA), which holds the exclusive license, filed a lawsuit against Eli Lilly (Indianapolis, IN) claiming the mechanism of action of two of its already marketed drugs—Evista for osteoporosis and Xigris for sepsis—infringe the newly issued patent. Lilly spokesperson Ed Sagabiel contends that the patent is invalid because Lilly's research on the compounds for their prescribed indications began in the early 1980s and predates the filing of the patent. “A patent does not allow the holder to take away something the public already has the benefit of,” says Sagabiel. The patent was filed in 1986, placing it under a grandfather clause that gives it a life of 17 years after the date of issuance (making it good until 2019) instead of 20 years from the date of filing (the current rule). Ariad has reportedly contacted ∼50 companies that have NF-κB regulating drugs in development or on the market with an offer to buy a license to the '516 patent. AB
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