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Biotech / Medical : Transkaryotic(tktx)

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To: scaram(o)uche who wrote (12)6/11/1999 12:11:00 AM
From: Mike McFarland  Read Replies (1) of 122
 
Spellchecker humor--amgn, tktx, hoe:
Transatlantic and Hocks
biz.yahoo.com

Geeze, if these guys cant even get a PR
correct they deserve an occasional copyright
infringement...here is the full release:

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.

___
You know, I wonder if a portion of the brief but spectacular
run in Ariad stock back in January was due to the fact that
not many folks follow TKT.

I wonder if Ariad has looked for a partner in TKT?
Hoechst would certainly have given them a formal
introduction--now give them the keys to the car
and some cash to have a good time;-)
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