Amgen obtains patent judgment against Genetics Institute.

THOUSAND OAKS, Calif.--(BUSINESS WIRE)--Feb. 14, 1995--Amgen Tuesday announced that the U.S. District Court in the District of Massachusetts has granted Amgen's motion for a summary judgment enforcing the Federal Circuit's prior judgment against Genetics Institute ("GI") and barring GI from asserting its U.S. patent 5,322,837 (the '837 patent) against Amgen's recombinant erythropoietin ("rEPO").

In the judgment entered Tuesday, U.S. District Court Judge William G. Young held that GI "is bound by the prior determination that the '195 patent specification does not enable the making of homogeneous EPO, and thus may not assert the virtually identical claims of the '837 patent against Amgen's homogeneous rEPO product."

As Judge Young stated, "Quite simply, Genetics is attempting to teach less and get more. This court cannot countenance such conduct antithetical to the long-standing scheme established by the patent laws of the United States."

Amgen markets rEPO as EPOGEN(R) (Epoietin alfa) in this country for kidney dialysis patients suffering from anemia associated with chronic renal failure. Amgen's sales in the United States and China were $721 million in 1994.

"We are pleased that the Court has upheld our position on recombinant erythropoietin. Today's summary judgment reaffirms Amgen's right to market EPOGEN in the United States and recognizes Amgen's proprietary rights as established in litigation in this country and in Europe," said Gordon Binder, chairman and chief executive officer.

Both Amgen and GI obtained patents relating to EPO in 1987.

On Oct. 27, 1987, the U.S. Patent Office awarded U.S. patent 4,703,008 ('008) to Amgen based on the pioneering invention of scientist Dr. Fu-Kuen Lin. The '008 patent claims purified and isolated DNA sequences encoding erythropoietin and host cells transformed or transfected with a DNA sequence. The '008 patent was held valid and infringed by GI in the prior litigation.

The GI '195 patent refers to patent 4,677,195, issued on June 30, 1987, claiming homogeneous EPO as characterized by certain attributes. GI's '195 patent was held invalid for lack of enablement by the Federal Circuit in March 1991.

On June 21, 1994, the '837 patent was issued to GI, again claiming homogeneous EPO characterized by certain attributes. On the same day GI received this patent, it brought suit in U.S. District Court for the District of Delaware against Ortho Biotech Corp., Amgen's distributor, charging that Ortho infringed the '837 patent. Amgen then filed a declaratory judgment in U.S. District Court in Massachusetts seeking a declaration that the '837 patent is unenforceable against Amgen due to the Federal Circuit's prior decision.

Judge Young Tuesday agreed with Amgen and entered a judgment precluding GI from asserting the '837 patent against Amgen.

Amgen (NASDAQ:AMGN) is a global biotechnology company that discovers, develops, manufactures and markets human therapeutics based on advanced cellular and molecular biology.

CONTACT: Amgen, Thousand Oaks

Sarah H. Crampton, 805/447-1659 (investors)

David Kaye, 805/447-6692 (media)