Amgen the winner in TKT patent litigation

Following the patent infringement case brought by Amgen against AventisPharma and Transkaryotic Therapies in 1997 (Marketletters passim), the US District Court of Massachusetts has ruled that three of its patents had been infringed by TKT's Gene-Activated erythropoetin. In his ruling, Judge William Young has therefore upheld Amgen's US patents, nos 5,621,080, 5,756,349 and 5,955,422, notes an Amgen statement.

But TKT will go to appeal

However, TKT pointed out that while Judge Young had ruled in favor of Amgen on three patents, he held that claims 2 through 4 of its patent no 5,621,080, though not literally infringed, were valid and infringed under the doctrine of equivalents. According to TKT's chief executive, Richard Selden, although the company is disappointed by the ruling, "we remain confident that our position is strong and intend to appeal."