SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Biotech / Medical : Transkaryotic Therapies (TKTX)
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: paradigm7241 who wrote ()4/21/2000 1:46:00 AM
From: paradigm7241  Read Replies (2) of 12
 
THE DISPUTE

Amgen is sueing TKTX for patent infringement with regard to the production of recombinant human Epo. Amgen's patent encompasses the production of recombinant human Epo in all vertebrate cells. A trial date has been set for May 15, 2000.

My thoughts:

Amgen's patent protection is limited to the production of recombinant human Epo in all vertebrate cells. It is not possible to patent native human Epo. The key word for the judge to understand will be recombinant. Recombinant transgenic technology always involves the transfection of cells with a gene construct. TKTX did not use an Epo gene construct to manipulate the production of a recombinant protein but activated the native Epo gene by inserting an upsteam promoter. Hence the Epo produced here is actually not recombinant but native Epo. Since one cannot patent native Epo, the only thing that TKTX could patent here was the process. A patent on the process has already been granted. There is no conflict, then, because Amgen is not arguing infringement on the process but on the product. The product is not recombinant so there is no possible infringement. Amgen, as a large bully with a lot to lose will of course battle this out but the scientific cards are stacked in TKTX's favor as long as they defend themselves as producing a non recombinant form of Epo.

I would like to get more opinions on this matter.

PM
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2025 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News