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Biotech / Medical : Transkaryotic(tktx)

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To: David Bogdanoff who wrote (2)	4/16/1998 12:09:00 PM
From: tnsaf	Read Replies (1) of 122

Up 6 this morning on the following news. biz.yahoo.com A partial excerpt: CAMBRIDGE, Mass., April 16 /PRNewswire/ -- Transkaryotic Therapies, Inc. (Nasdaq: TKTX - news) and Hoechst Marion Roussel, Inc. announced today that the United States District Court in Boston has granted TKT and Hoechst Marion Roussel's Motion for Summary Judgment of Non-infringement in Amgen Inc.'s patent infringement action. The Court held that Amgen's patent infringement action was inconsistent with the Waxman-Hatch Act, which precludes patent infringement litigation while drug products are being developed for FDA approval. The Court stated that ''(a)ll of the activities Amgen has identified in the papers before the Court fall within the protection afforded by section 271 (e) (1) [the Waxman-Hatch Act] because they are solely for uses reasonably related to the production of information for submission to the FDA for regulatory approval. As such, they are not infringing activities, and the Defendants are entitled to judgment.''

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