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TKT Asks Judge To Limit Amgen's "30 Years" EPO Exclusivity As Trial Begins

Executive Summary

Amgen's erythropoietin patents should not translate into 30 years of Epogen exclusivity, Transkaryotic Therapies said in opening arguments May 15 in Boston federal court.

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Amgen/TKT EPO

Transkaryotic Therapies gene-activated erythropoietin product does not literally fall within the scope of Amgen's process Patent No. 5,618,698 or No. 5,621,080, which claims certain EPO glycoproteins, Boston federal court Judge William Young ruled June 9. However, if TKT's EPO is equivalent to the product claimed by the '080 patent, it may be found to infringe the patent, Amgen said. Young also denied TKT and partner Aventis' motion for noninfringement of Patent No. 5,547,933. The trial will resume June 12 (1"The Pink Sheet" May 22, p. 28)

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