Here's some more info:
FACTBOX-Summary of Amgen-Transkaryotic decision
Reuters, 01/19/2001 18:42
BOSTON, Jan 19 (Reuters) - The following is a summary of a U.S. district court decision in the patent case pitting biotechnology firms Amgen (NASDAQ:AMGN) and Transkaryotic Therapies Inc (NASDAQ:TKTX) over Amgen's blockbuster anti-anemia drug Epogen:
*Claims 1, 2, and 9 of the '933 patent are not infringed, and if this finding is error, those claims are invalid for lack of an adequate written description, indefiniteness, and lack of entablement .
*Claims 4 though 9 of the '698 patent are not infringed.
*Claims 2 through 4 of the '080 are valid, enforceable, and infringed under the doctrine of equivalents.
*Claims 1, 3, 4, and 6 of the '349 patent are valid, enforceable, and literally infringed, whereas Claim 7 of the same patent is not infringed.
*Claim 1 of the '422 patent is valid, enforceable, and literally infringed.
A full copy of the entire decision is available on the web at mad.uscourts.gov. Boston.newsroom@Reuters.com))
Copyright 2001, Reuters News Service
and
Dow Jones Online News, 01/19/2001 18:05
Amgen -3: Transkaryotic Still Reviewing Decision
Transkaryotic spokeswoman Justine Koenigsberg said the company doesn't have a comment at this time, but is reviewing Judge Young's decision.
According to the judgment issued, the judge found claims 2,3 and 4 of the '080 patent, protecting the protein structure of Amgen's erythropoietin product, valid, enforceable and infringed under the doctrine of equivalents. This legal doctrine refers to a violation in spirit if not necessarily in the words of the patent.
Judge Young also ruled that claims 1,3,4 and 6 of the '349 patent, which relates to vertebrate cells capable of producing erythropoietin, the protein that stimulates red blood cell production, are valid, enforceable, and literally infringed. He also found claim 1 of the '422 patent protecting the pharmaceutical composition that describes a therapeutically effective amount of Epogen, valid, enforceable and literally infringed.
However, the judge did not find Amgen's other claims in its two other patents protecting its blockbuster Epogen product infringed.
(This story was originally published by Dow Jones Newswires)
Copyright (c) 2001 Dow Jones & Company, Inc.
All Rights Reserved |
