AMGN TURNS TABLES ON TRANSKARYOTIC
quote.bloomberg.com
(excerpt below)
Amgen Lawyer Queried About Disclosure of Study in Patent Review
By Anna Marie Stolley
Boston, Sept. 7 (Bloomberg) -- Amgen Inc.'s in-house patent lawyer Stuart Watt testified in federal court that he didn't provide data from a scientific study to a government patent examiner, claiming it had been previously disclosed.
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``I think that Amgen really turned the table on Transkaryotic today,'' said Meirav Chovav, an analyst with Salomon Smith Barney. ``Yesterday, it looked like Transkaryotic showed that Amgen probably fulfilled legal duties to the patent office but did not go beyond the call of duty in terms of disclosure. But today Amgen showed that the patent office was aware of the prior studies and based their decisions on these studies.''
Watt's [sic] was questioned about a scientific study that Transkarytoic claims deals with therapeutic results similar to those described in Amgen's patents. Flattmann asked Watt if the study's findings had been disclosed during
government review of an Amgen patent application.
Study's Existence Disclosed
``I'm not aware that the study or its results are recorded'' in documentation of the patent review process, Watt said. Watt added, however, that the study's existence was disclosed. Amgen also provided evidence today showing, the company contends, that the examiner reviewing its patent application was aware of the study.
Flattmann also quizzed Watt on whether he told government examiners that Amgen had sued Transkaryotic over three Epogen patents while awaiting action on two other patent applications.
Watt said the company disclosed the existence of litigation by filing a notice with the U.S. Patent and Trademark Office. In follow-up questioning by an Amgen lawyer, Watt was asked whether an applicant is obliged to report relevant pending litigation only to the patent office or directly to the examiner reviewing an application.
Disclosure Obligations
U.S. District Judge William Young jumped in, as he has throughout the trial that began in May, to ask if Watt believed notifying the patent office satisfied his legal obligations.
``It's not your job to tell the right hand what the left had is doing?'' Young asked.
``Yes, that's essentially my understanding,'' Watt replied.
Amgen's lawyer, Lloyd ``Rusty'' Day, contended the company was not even obliged to disclose the existence of the litigation in this case because it had no bearing on the patent application that was pending.
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(etc. etc.)
Speaking of anemia, TKTX's case looks very weak, if one can judge from news reports, which of course one usually cannot. |
