No ruling issued in Amgen Epogen patent hearing
LOS ANGELES, March 28 (Reuters) - A two-day hearing in Boston federal court on Amgen Inc.'s (NASDAQ:AMGN) patent for its anemia drug Epogen ended late on Tuesday without a statement from the presiding judge, a spokesman for the company said.
"Both sides presented their arguments for a summary judgment, but the judge did not issue a ruling. He will probably schedule a second round of hearings for early April," David Kaye, the Amgen spokesman, said.
The hearing was held to determine the scope of several of Amgen's Epogen patents after the company requested a summary judgment of infringement against Transkaryotic Therapies Inc. (NASDAQ:TKTX) of Cambridge, Mass., which is claiming a unique process for making Epogen that does not violate Amgen patents.
Epogen, used to treat kidney dialysis patients for anemia, is Amgen's lead product, with 1999 sales totaling $1.7 billion.
"We were pleased with the proceedings, but this is the first step in what is likely to be a long process," Kaye said.
Another hearing will be held Thursday on Amgen's request for a summary judgment of "noninequitable conduct." In its suit, Transkaryotic has charged Amgen with misconduct in obtaining its Epogen patents.
A full trial on the validity of Amgen's patents is expected to start sometime in April, Kaye said.
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