A federal appeals court will decide whether Eli Lilly and Co. must pay $65.2 million in damages, plus royalties,
over a drug-patent claim from Ariad Pharmaceuticals, according to Bloomberg News.
In 2006, a Boston jury found
that two Lilly drugs—osteoporosis drug Evista and the sepsis medicine Xigris—relied on a technique licensed to
Ariad, a biotechnology company based in Cambridge, Mass. The jury awarded Ariad $65.2 million and said
that Lilly should pay royalties of 2.3 percent of sales of the two drugs.
However, that decision
was appealed and last April was nullified by a three-judge panel, which issued a
ruling that invalidated parts of Ariad's patent. The panel said that Ariad failed to adequately describe
the invention or explain how others could replicate its work.
"The description is clear
and concise," John Whelan, an attorney for Ariad, told the federal appeals
court on Monday.
Evista generated $1.08 billion in global sales last year
for Indianapolis-based Lilly, according to Bloomberg News. The company doesn’t break out sales of Xigris.

















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