Free Patent/Trademark Report to Commissioner - District Court of Delaware - Delaware

Case 1 :07-cv-00202-JJF Document 7 Filed 08/16/2007 Page 1 of 1
AO I20 Rev. 3/04)
TO Mau gwp 3 REPORT ON THE
` Director ofthe U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
no. Box msu ACTION REGARDING A PATENT on
Alexandria, VA 223l3-1450 TRADEMARK
In Compliance with 35 U.S.C. § 290 andfor I5 U.S.C. § I I I6 you are hereby advised that a coun action has been
tiled in the U.S. District Court Delaware on the following X Patents or El Trademarks:
DOCKET NO. DATE FILED U.S. DISTRICT COURT
07cv202 4/13/2007 DISTRICT OF DELAWARE
PLAINTIFF DEFENDANT
Ariad Pltarmaeeuticals. ct al. Amgen Inc., ct al.
PATENT OR DATE OF PATENT . .
TRADEMARK NO- OR TRADEMARK HOLDER OF PATENT OR "I RADEMARL
I US 6.4 l 0.5l6 Bl 6/25/02 President & Fellows of Harvard College, et al.
2 __
A __
5
I n the abovc»——entitled case. the following patcnt(s)·' trademt1rk(s) have been included;
DATE INCLUDED INCLUDED BY
[I Amendment lj Answer III Cross Bill I] Other Plc-ading
PATENT OR DATE OF PATENT .
TRADEMARK NO OR TRADEMARK HOLDER Ol PATENT OR TRADEMARK
2 -_
3
4
5
In the abovcasntitled case, the following decision has been rendered orjuclgentent issued:
DECISION/JUDGEMENT
ssa ATTACHED NOTICE or DISMISSAL
CLERK W=!,g__f_. TY CLE - in DATE
PETER T. DALLEO, CLERK OF COURT O 1 : 7 J /
' yaaf _,:i` _%;:§·*..' ` 73 . ·' . 5
C/I rl F
Copy l—Upon initiation of action, mail this copy to Director Copy 3—Upon terminaii§t of action, mail this copy to Director
Copy 2-Upon filing document adding patent(s), mail this copy to Director Copy 4—Casc lile copy

Case 1 :07-cv—00202-JJF Document 7-2 Filed 08/16/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
ARIAD PHARMACEUTICALS, INC., )
MASSACHUSETTS INSTITUTE OF )
TECHNOLOGY, THE PRESIDENT AND )
FELLOWS OF HARVARD COLLEGE, and )
THE WHITEHEAD INSTITUTE FOR )
BIOMEDICAL RESEARCH, )
)
Plaintiffs, )
)
v. ) C.A. No. 07-202-JIF
)
AMGEN INC., IMMUNEX CORPORATION, )
AMGEN USA INC., AMGEN )
MANUFACTURING LIMITED, IMMUN EX )
RHODE ISLAND CORPORATION, and )
WYETH, )
)
Defendants. )
NOTICE OF DISMISSAL
WHEREAS, the complaint by plaintiffs (collectively "ARIAD") in the above action (the
"Second Action“) is identical to the infringement counterclaim that they have asserted in an
earlier-filed declaratory judgment action styled Amgen Inc., et al. v. ARIAD Pharmaceuticals,
Inc., et ul., C.A. No. 06-259-MPT (the "First Action");
WHEREAS, the Second Action was filed purely as a protective measure at a time when
the plaintiffs in the First Action were contesting whether ARIAD could assert its infringement
case as a counterclaim in the First Action;
WHEREAS, ARIAD’s infringement case now is pending as a counterclaim in the First
Action, thus eliminating the need for the duplicative Second Action to proceed; and

Case 1:07-cv-00202-JJF Document 7-2 Filed 08/16/2007 Page 2 of 2
WHEREAS, the complaint in the Second Action has never been served, and defendants
accordingly have not answered or moved for summary judgment; now therefore,
PLAINTIFFS HEREBY DISMISS THIS ACTION, without prejudice, pursuant to
Rule 41(a)(1)(i) of t.he Federal Rules of Civil Procedure.
ASHBY & GEDDES
/.9/ Steven J Balick
Steven J. Balick (1.D. #2114)
John G. Day (LD. #2403)
Tiffany Geyer Lydon (1.D. #3950)
500 Delaware Avenue, 8th Floor
P.O. Box 1150
Wilmington, DE 19899
(302) 654-1888
[email protected]
[email protected]
tlydon@ashby-geddeseom
Attorneys for Plrxfrziyfs
OfC0ur1set'.‘
Morgan Chu
David I. Gindler
Elizabeth Rosenblatt
IRELL & MANELLA LLP
1800 Avenue ofthe Stars, Suite 900
Los Angeles, CA 90067
(310) 277-1010
Dated: July 27, 2007
iszman
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