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Biotech / Medical : Transkaryotic Therapies (TKTX)
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To: scaram(o)uche who wrote (10)4/27/2000 12:21:00 PM
From: Jesse Schulman   of 12
 
Surprised no move in prices - didn't the Fat Lady just sing?

Here's the claim the judge ruled was infringed:

5,955,422
1. A pharmaceutical composition comprising a therapeutically effective amount of human erythropoietin and a pharmaceutically acceptable diluent, adjuvant or carrier, wherein said erythropoietin is purified from mammalian cells grown in culture.

Looks to (non-lawyer) me like that's the key claim, the whole candy store right there. Amgen's won.

Interesting he's leaving the '349 patent claims for trial:

*The judge did not grant AMGN's summary judgment request on claims #1 and #4 of the '349 patent (control of transcription by non-human element) because the court was not satisfied that the non-human DNA sequence in the TKT construct regulates as well as initiates transcription. This issue will be determined during the trial. The full trial starts on May 15th. (from Smith Barney)

(With a nod to Paradigm...)

So... on infringement, AMGN has won, because TKTX only has to be found infringing on one claim to lose. TKTX now has to try to undermine the entire patent itself - which as I understand it means basically proving the patent office screwed up or was deliberately defrauded by AMGN. TKTX has the big bucks behind it, and a cynical reading is that patent cases go to whoever pays the most for them. But if this case doesn't swing radically, this is a buying opportunity with a capital "B-O".

"Hey, Wife! Where did you hide my checkbook!"

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