Silke
22.01.2001, 09:01
Amgen gelang in einen gerichtl. Patentstreit gegen Transnakotic ein entscheidender Durchbruch für die Biotech-Industrie!
Dies könnte Heute durchaus Synergie-effekte mitsich bringen!
have a look on it
bye
MM
2-U.S. judge says Amgen anemia drug patents infringed
FRIDAY, JANUARY 19, 2001 8:28:00 PM EST
(recasts, adds analyst, company comment, background)
By Christopher Noble
BOSTON, Jan 19 (Reuters) - A federal judge on Friday handed biotechnology bellwether Amgen a major victory when he ruled that rival Transkaryotic Therapies (TKT) had infringed on all or part of three of Amgen's patents on its blockbuster anti-anemia drug Epogen.
The decision in the closely-watched case was also a victory for the biotech industry as a whole because it reaffirmed the strength of early biotech patents and was likely to delay the introduction of generic biological drugs, analysts and lawyers familiar with the case said.
"It's good news for the biotechnology industry because had Amgen lost it would have caused a great concern that biotech patents are not valuable," said Dennis Harp, an analyst with Deutsche Banc Alex. Brown who followed the case closely.
U.S. District Judge William Young in a 245-page decision found that Amgen's broadest patent the '422 that covers the composition of Epogen's active ingredient, erythropoietin, "is valid, enforceable, and literally infringed."
Erythropoietin (EPO) boosts the production of red blood cells.
He also ruled on claims involving two other product patents and found that Transkaryotic had infringed on those.
Young, however, did find for Transkaryotic on two other patents involving processes.
Amgen reaped about $1.8 billion in sales in 1999 from Epogen, and worldwide revenues were some $4 billion including sales through Amgen's licensing partner Johnson & Johnson JNJ.
Industry observers eagerly awaited the decision in the four month, non-jury trial since both sides rested their cases in September. Patents are considered essential in the biotech industry because they allow companies to recoup the often enormous expense of developing a new drug.
TKT TKTX was expected to appeal, but declined to comment.
"An appeal is extremely likely. But investors are going to assume until they hear anything else that Amgen has won. A cloud has been lifted over Amgen," said Eric Schmidt of SG Cowen.
Amgen's AMGN stock shot up after the decision was announced, rocketing 10 points higher in after-hours trading. Transkaryotic stock was halted.
Most analysts said Amgen's gains were likely to hold up.
The rise in Amgen's stock "will hold up. Amgen's stock had been artificially depressed by this pending decision. Amgen is really poised for some significant developments, including the introduction of Aranesp, its second-generation Epogen, in the first quarter of this year," Harp said.
A financial market source who had spoken to officials at Amgen described them as "elated". At TKT, the reaction was predictably subdued, with another source describing the small, Cambridge, Mass., based company as "down".
In a brief statement, Amgen described itself as "victorious" and praised the ruling.
"We are pleased with today's ruling because it upholds our breakthrough inventions.... Meaningful patent protection is fundamental to innovative research companies," Kevin Sharer, Amgen's chief executive and chairman, said in the statement.
Transkaryotic, with backing from Franco-German pharmaceutical giant Aventis AVEP, had developed an alternative method of producing the drug.
Amgen makes Epogen by inserting a human gene into hamster cells that then produce EPO. Transkaryotic, whose EPO drug is called Dynepo, makes EPO without animals by inserting a promoter into human genes, which then stimulates the human cells to produce the substance
Dies könnte Heute durchaus Synergie-effekte mitsich bringen!
have a look on it
bye
MM
2-U.S. judge says Amgen anemia drug patents infringed
FRIDAY, JANUARY 19, 2001 8:28:00 PM EST
(recasts, adds analyst, company comment, background)
By Christopher Noble
BOSTON, Jan 19 (Reuters) - A federal judge on Friday handed biotechnology bellwether Amgen a major victory when he ruled that rival Transkaryotic Therapies (TKT) had infringed on all or part of three of Amgen's patents on its blockbuster anti-anemia drug Epogen.
The decision in the closely-watched case was also a victory for the biotech industry as a whole because it reaffirmed the strength of early biotech patents and was likely to delay the introduction of generic biological drugs, analysts and lawyers familiar with the case said.
"It's good news for the biotechnology industry because had Amgen lost it would have caused a great concern that biotech patents are not valuable," said Dennis Harp, an analyst with Deutsche Banc Alex. Brown who followed the case closely.
U.S. District Judge William Young in a 245-page decision found that Amgen's broadest patent the '422 that covers the composition of Epogen's active ingredient, erythropoietin, "is valid, enforceable, and literally infringed."
Erythropoietin (EPO) boosts the production of red blood cells.
He also ruled on claims involving two other product patents and found that Transkaryotic had infringed on those.
Young, however, did find for Transkaryotic on two other patents involving processes.
Amgen reaped about $1.8 billion in sales in 1999 from Epogen, and worldwide revenues were some $4 billion including sales through Amgen's licensing partner Johnson & Johnson JNJ.
Industry observers eagerly awaited the decision in the four month, non-jury trial since both sides rested their cases in September. Patents are considered essential in the biotech industry because they allow companies to recoup the often enormous expense of developing a new drug.
TKT TKTX was expected to appeal, but declined to comment.
"An appeal is extremely likely. But investors are going to assume until they hear anything else that Amgen has won. A cloud has been lifted over Amgen," said Eric Schmidt of SG Cowen.
Amgen's AMGN stock shot up after the decision was announced, rocketing 10 points higher in after-hours trading. Transkaryotic stock was halted.
Most analysts said Amgen's gains were likely to hold up.
The rise in Amgen's stock "will hold up. Amgen's stock had been artificially depressed by this pending decision. Amgen is really poised for some significant developments, including the introduction of Aranesp, its second-generation Epogen, in the first quarter of this year," Harp said.
A financial market source who had spoken to officials at Amgen described them as "elated". At TKT, the reaction was predictably subdued, with another source describing the small, Cambridge, Mass., based company as "down".
In a brief statement, Amgen described itself as "victorious" and praised the ruling.
"We are pleased with today's ruling because it upholds our breakthrough inventions.... Meaningful patent protection is fundamental to innovative research companies," Kevin Sharer, Amgen's chief executive and chairman, said in the statement.
Transkaryotic, with backing from Franco-German pharmaceutical giant Aventis AVEP, had developed an alternative method of producing the drug.
Amgen makes Epogen by inserting a human gene into hamster cells that then produce EPO. Transkaryotic, whose EPO drug is called Dynepo, makes EPO without animals by inserting a promoter into human genes, which then stimulates the human cells to produce the substance