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Patent Law

: Philip Brooks’ Patent Infringement Updates

Roche Appeals Preliminary Anemia Drug Injunction

By Philip Brooks

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Deena Beasley reporting for Reuters writes today, April 10, 2008:

Roche Holding AG filed on Wednesday to appeal a preliminary court injunction barring U.S. sales of its anemia drug Mircera.

Rival Amgen Inc, which last year won a patent infringement case filed against Roche, has been asking the U.S. District Court judge overseeing the litigation to permanently bar sales of the Roche drug.

But Judge William Young has instead been mulling whether to require Amgen to license its patents on top-selling anemia drugs Epogen and Aranesp to Roche in return for a licensing fee.

"Our preliminary opinion is that this is a 'positive' decision for Amgen, as we believe the Appeals court will be less likely to allow Roche to launch under a license agreement," Bear Stearns analyst Mark Schoenebaum said in a research note on Wednesday.

Roche said in a statement that it maintains its position that all of Amgen's anemia drug patents asserted against Roche are invalid and not infringed.

Read the full article here.

Full post as published by Philip Brooks’ Patent Infringement Updates on April 10, 2008 (boomark / email).