Amgen, TKT EPO patent trial recesses until September
BOSTON, July 31 (Reuters) - The patent infringement trial between Amgen Inc. <AMGN.O> and rival Transkaryotic Therapies Inc. <TKTX.O> over Amgen's blockbuster anemia drug, Epogen, recessed on Monday and will not resume until Sept. 5 at the earliest.
Testimony in the trial is complete, except for two witnesses that TKT wants to call but who cannot appear until September for personal reasons.
TKT says its EPO drug, which it wants to market under the name GA-EPO, does not infringe Amgen's Epogen patents.
After the last two witnesses, Amgen will have the right to call rebuttal witnesses, but time is running short. U.S. District Judge William Young allotted 20 trial days for the case and fewer than three days of trial time remain.
After the trial concludes, Young will retire to consider his decision for an unknown amount of time, unless he rules from the bench, an outcome considered unlikely.
Analysts following the case have said throughout the trial that it is impossible to tell who will win. The matter is being closely followed by the biotechnology industry because of its potential impact on biotech patent law.
Amgen sued TKT in 1997 seeking to defend its patents covering the making and selling of Epogen, a drug that uses erythropoietin to boost red blood cells and combat anemia. Epogen brought in some $4 billion in sales last year.
14:47 07-31-00 |
