Amgen Wins Summary Judgment in Patent Dispute

Strategic Insights -

Amgen, a global biotechnology company, has achieved a major victory in a patent dispute with Genetics Institute (GI). On February 14, 1995, a U.S. District Court in Massachusetts granted Amgen's motion for summary judgment, enforcing the Federal Circuit's prior judgment and barring GI from asserting its U.S. patent 5,322,837 against Amgen's recombinant erythropoietin (rEPO) product. This judgment upholds Amgen's right to market its EPOGEN product in the United States and recognizes the company's proprietary rights as established in litigation in the U.S. and Europe.

Key Takeaways:

  • Amgen's motion for summary judgment was granted by the U.S. District Court in Massachusetts, enforcing the Federal Circuit's prior judgment against GI.
  • The court held that GI's U.S. patent 5,322,837 is not enforceable against Amgen's rEPO product due to the Federal Circuit's prior decision.
  • Amgen's EPOGEN product, a recombinant erythropoietin, was marketed in the U.S. and China, with sales reaching $721 million in 1994.
  • Amgen (NASDAQ:AMGN) is a global biotechnology company that discovers, develops, manufactures, and markets human therapeutics based on advanced cellular and molecular biology.
  • The court's decision reaffirms Amgen's right to market its EPOGEN product in the United States and recognizes the company's proprietary rights established in litigation in the U.S. and Europe.
  • GI's '195 patent, which refers to patent 4,677,195, was held invalid for lack of enablement by the Federal Circuit in March 1991.
  • Amgen's chairman and chief executive officer, Gordon Binder, stated that the company is pleased with the court's decision on recombinant erythropoietin.

Statistics:

  • Amgen's sales in the United States and China reached $721 million in 1994.
  • Amgen's EPOGEN product was marketed in the U.S. and China for kidney dialysis patients suffering from anemia associated with chronic renal failure.
  • The U.S. Patent Office awarded U.S. patent 4,703,008 to Amgen on October 27, 1987, based on the pioneering invention of scientist Dr. Fu-Kuen Lin.
  • Amgen's '008 patent claims purified and isolated DNA sequences encoding erythropoietin and host cells transformed or transfected with a DNA sequence.

Sources:

  • "Amgen Tuesday announced that the U.S. District Court in the District of Massachusetts has granted Amgen's motion for a summary judgment enforcing the Federal Circuit's prior judgment against Genetics Institute ('GI') and barring GI from asserting its U.S. patent 5,322,837 (the '837 patent) against Amgen's recombinant erythropoietin ('rEPO')." (Business Wire, February 14, 1995)
  • "The '008 patent claims purified and isolated DNA sequences encoding erythropoietin and host cells transformed or transfected with a DNA sequence." (Source: U.S. Patent Office, October 27, 1987)