Amgen Wins TKT Appeal
THOUSAND OAKS, Calif.--(BUSINESS WIRE)--Aug. 3, 2006--Amgen
(NASDAQ:AMGN) today issued the following statement:
The Court of Appeals for the Federal Circuit today affirmed the
District Court's decision that Transkaryotic Therapies Inc. (TKT) and
Aventis Pharmaceuticals Inc. infringe Amgen's erythropoietin (EPO)
Today's ruling reaffirms Amgen's confidence in the strength of its
intellectual property portfolio. The court's decision upheld the
validity of two of Amgen's EPO patents. In this decision and in prior
rulings, this court has upheld infringement by TKT of three patents
and 12 claims, including a patent that does not expire until 2015.
This appeal reviewed the District Court's findings on the
infringement and validity of two patents with claims to the production
of erythropoietin, the infringement of one product patent under the
doctrine of equivalents, and the validity of one product patent. The
Federal Circuit found the production patents valid and infringed (U.S.
Patent Nos. 5,618,698 and 5,756,349). The court reversed the District
Court's determination that TKT infringed Amgen's U.S. Patent No.
5,621,080 under the doctrine of equivalents, and remanded to the
District Court for further consideration of the remaining validity
issue on one of the other product patents (U.S. Patent No. 5,955,422).
The pioneering inventions made by Amgen as described in these EPO
patents revolutionized anemia treatment and provided products that
have made dramatic differences in the lives of patients since the
introduction of EPOGEN(R) in 1989. EPOGEN along with Aranesp(R) have
accumulated over 4 million combined patient years of experience. Amgen
continues to invest heavily in meaningful research to improve the
lives of patients with kidney, cancer and cardiovascular disease.
EDITOR'S NOTE: An electronic version of this news release may be
accessed via our Web site at www.amgen.com. Journalists and media
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Marie Fay, 805-447-0081 (Media)
Arvind Sood, 805-447-1060 (investors)