Free Notice of Voluntary Dismissal - District Court of Delaware - Delaware

Case 1:07-cv-00202-JJF

Document 5

Filed 07/27/2007

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IN THE UNITED STATES DISTRICT COURT 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. AMGEN INC., IMMUNEX CORPORATION, AMGEN USA INC., AMGEN MANUFACTURING LIMITED, IMMUNEX RHODE ISLAND CORPORATION, and WYETH, Defendants.

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C.A. No. 07-202-JJF

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 al., 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 5

Filed 07/27/2007

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 the Federal Rules of Civil Procedure.

ASHBY & GEDDES /s/ Steven J. Balick _________________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Tiffany Geyer Lydon (I.D. #3950) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 (302) 654-1888 [email protected] [email protected] [email protected] Attorneys for Plaintiffs Of Counsel: Morgan Chu David I. Gindler Elizabeth Rosenblatt IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067 (310) 277-1010 Dated: July 27, 2007
182676.1

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