Amgen’s Anemia Patents Upheld

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In a rare piece of good news for its embattled anemia drug franchise, Amgen Inc. said late Thursday that a federal court upheld a prior jury decision affirming its patents for Epogen and Aranesp, and ruled it is entitled to a permanent injunction against Swiss competitor Roche.

In a March ruling, the U.S. District Court in Boston barred Roche from selling its drug named Mircera in the United States because a jury found the drug violated Thousand Oaks-based Amgen’s patents.

After the first decision, Roche said that it would accept conditions suggested by the judge, including higher royalty payments. Amgen rejected that offer.

“Amgen is pleased with (the federal court) ruling, which recognizes that Amgen is entitled to a permanent injunction against Roche and reaffirms the infringement and validity of our patents,” said David Scott, Amgen’s general counsel, in a statement.

Sales of Amgen’s flagship anemia drug franchise have faltered as the company had to add label warnings when studies found the drugs could encourage growth of certain tumors and increase the risk of blood vessel blockage and death.

Roche said it is considering its options. “Mircera has been approved in more than 60 countries, and patients worldwide are benefiting from this innovative treatment,” Roche said in a statement. “Roche believes that U.S. patients should also have access to this FDA-approved medication.”

In a separate decision, the district court upheld one Amgen patent claim and entered a permanent injunction in Amgen’s dispute with Transkaryotic Therapies Inc. and Aventis Pharmaceuticals Inc. over the same anemia drug patents.

Shares of Amgen were up $1.89, or 3 percent, to $60.48 in morning trading on the Nasdaq.

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