Thursday, October 02, 2008

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 and Aventis Litigation

THOUSAND OAKS, Calif. – Amgen (NASDAQ: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 (EPO) patents. The Court also ruled that Amgen is entitled to a permanent injunction prohibiting Roche from selling its pegylated-erythropoietin (peg-EPO) product MIRCERA in the U.S. Previously, the Court entered a preliminary injunction 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.

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