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District Court Affirms Patent Infringement Rulings and Finds That Amgen is Entitled to a Permanent Injunction against Roche.


Court Also Upholds Validity of Patent Claim in TKT TKT Ticket
TKT Transketolase
TKT Twisted Kaiju Theater (web forum)
TKT T Kang Taekwondo (New York)
TKT Thin Kerf Technologies
 and Aventis Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 

THOUSAND OAKS, Calif. -- Amgen (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
:AMGN) announced today that the United States (U.S.) District Court in Boston issued its written decision upholding the prior jury verdict and court rulings regarding the infringement, validity and enforceability of 10 claims of four of Amgen's erythropoietin erythropoietin /eryth·ro·poi·e·tin/ (-poi´e-tin) a glycoprotein hormone secreted by the kidney in the adult and by the liver in the fetus, which acts on stem cells of the bone marrow to stimulate red blood cell production  (EPO EPO

see erythropoietin.

EPO Erythropoietin, see there
) patents. The Court also ruled that Amgen is entitled to a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed.  prohibiting Roche from selling its pegylated-erythropoietin (peg-EPO) product MIRCERA in the U.S. Previously, the Court entered a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 preventing Roche from selling peg-EPO, and Roche has appealed that ruling. In today's decision, the District Court stated that it would enter a permanent injunction once the appeal of the preliminary injunction is resolved.

In finding that a permanent injunction against Roche is justified, the District Court stated: "Failure to enter a permanent injunctionOwould risk undermining the incentives for innovation that have produced, and hopefully will continue to produce, medical advances that extend and enhance the value of life. The Court therefore concludes that the public interest will not be disserved by a permanent injunction."

"Amgen is pleased with today's ruling, which recognizes that Amgen is entitled to a permanent injunction against Roche and reaffirms the infringement and validity of our patents," stated David Scott, senior vice president and general counsel at Amgen. "Amgen remains committed to investing in innovative research and to delivering medicines that treat grievous illness and meet unmet medical needs."

In a separate decision involving Amgen's suit against TKT and Aventis, the District Court upheld the validity of claim 1 of Amgen's U.S. Patent No. 5,955,422 that claims pharmaceutical compositions of human EPO and entered a permanent injunction prohibiting TKT and Aventis from selling its gene-activated EPO in the U.S.

About Amgen

Amgen discovers, develops, manufactures and delivers innovative human therapeutics. A biotechnology pioneer since 1980, Amgen was one of the first companies to realize the new science's promise by bringing safe and effective medicines from lab, to manufacturing plant, to patient. Amgen therapeutics have changed the practice of medicine, helping millions of people around the world in the fight against cancer, kidney disease Kidney Disease Definition

Kidney disease is a general term for any damage that reduces the functioning of the kidney. Kidney disease is also called renal disease.
, rheumatoid arthritis and other serious illnesses. With a deep and broad pipeline of potential new medicines, Amgen remains committed to advancing science to dramatically improve people's lives. To learn more about our pioneering science and our vital medicines, visit www.amgen.com.
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Publication:Business Wire
Date:Oct 2, 2008
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