Wednesday June 9, 3:47 pm Eastern Time
Transkaryotic, Hoechst reopen Amgen patent suit
CAMBRIDGE, Mass, June 9 (Reuters) - Transkaryotic Therapies Inc. (Nasdaq:TKTX - news) and Hoechst AG unit (quote from Yahoo! UK & Ireland: HOEG.F) Hoechst Marion Roussel Inc. said Wednesday they have filed to reopen a patent infringement case brought by Amgen Inc. (Nasdaq:AMGN - news) over a product for treating anemia in people whose kidneys have failed.
The motion filed in U.S. District Court in Boston stems from a legal wrangle in 1997 when Amgen sued Transkaryotic and Hoechst, charging alleged patent infringement of its erythropoietin (EPO) product for the treatment of anemia associated with chronic renal failure in people on dialysis.
In a summary judgment, the court ruled in favor of Transkaryotic and Hoechst, saying the companies' activities in co-developing their gene-activated EPO were protected under safe harbor provisions for drugs in clinical trials.
But the court ordered Amgen's declaratory judgement with respect to alleged future activities that would infringe on Amgen's patent ''administratively closed, to be reopened upon motion of either party for good cause shown.''
A spokeswoman for Transatlantic would not comment on what prompted her company and Hoechst to file the motion to reopen the declaratory judgement.
Amgen was not immediately available for comment.
Transatlantic and Hoechst's gene-activated EPO is in Phase III clinical trials in the United States, which are expected to be completed this year.
Amgen currently dominates the market with its EPO product, called Epogen. For the first three months ended March 31, 1999, sales of Epogen were $394.9 million.
Separately, Transatlantic and Hoechst said they have asked Kirin Amgen Inc. to acknowledge that gene-activated EPO does not infringe a European patent that Amgen holds. Gene-activated EPO is also in Phase III trials in the United Kingdom.
Transatlantic and Hocks said if Amgen provided the requested acknowledgement of non-infringement, ''the matter would likely come to an end.''
''Alternatively, if such an acknowledgement is not forthcoming, TKT and Hocks Marion Roussel will have a legal basis to launch judicial proceedings in the U.S. against Amgen,'' the companies' statement said. |
