Ariad wins its request to appeal patent ruling

Ariad Pharmaceuticals Inc. of Cambridge said today that a federal judge has granted its request to permit an immediate appeal of the court's ruling against Ariad in a patent infringement case.

In its summary judgment ruling, the US District Court for the District of Delaware found that the administration of Enbrel, a drug marketed by Amgen Inc. of California, falls outside the scope of Ariad patents that cover certain cell-signaling activity.

Ariad said last month that it planned to pursue "appropriate legal action" regarding that ruling.

In its appeal, Ariad said today that it will seek reinterpretation of the asserted patent claims by the Court of Appeals for the Federal Circuit so that Ariad's infringement case against Amgen may be tried by the Delaware court.

"We appreciate the judge's ruling and now plan to proceed promptly with our appeal to the Federal Circuit," Harvey J. Berger, Ariad's chairman and chief executive, said in a statement. "A ruling on this appeal is expected to take approximately 12 to 18 months."
(By Chris Reidy, Globe staff)