2nd UPDATE: US Court Won't Disturb Injunction Against Roche Anemia Drug
15 Septembre 2009 - 11:52PM
Dow Jones News
A federal appeals court ruled Tuesday that Roche Holding AG's
(RHHBY) Mircera anemia treatment infringes some patent claims held
by Amgen Inc. (AMGN) and it refused to lift a permanent injunction
barring Roche from selling Mircera in the United States.
A federal judge in Boston entered the injunction last fall,
which barred Roche from competing in the U.S. with Amgen's anemia
drugs Aranesp and Epogen.
Amgen's two anemia drugs brought the California-based
biotechnology company $4.1 billion in U.S. revenue for 2008, more
than 35% of the drug maker's U.S. product sales.
The U.S. Court of Appeals for the Federal Circuit issued a mixed
81-page ruling Tuesday that sided with each of the companies on
some portions of the case.
But despite reversing the trial judge on several issues, the
appeals court affirmed that Roche's drug did infringe on some of
Amgen's patent claims.
"We do not disturb the court's injunction," the appeals court
wrote.
It sent the case back for further proceedings and said the trial
court was "free to reconsider the scope of its permanent injunction
if it wishes."
Roche spokesman Christopher Vancheri said the company is
considering its options.
"We obviously are disappointed the court did not find in Roche's
favor on all of the matters," he said.
David Scott, Amgen's senior vice president and general counsel,
said his company was pleased with the ruling.
"The successful enforcement of intellectual property rights
enables Amgen to continue to invest in truly innovative new
medicines," Scott said.
The case is Amgen Inc. v. F. Hoffmann-La Roche Ltd.,
2009-1020.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com