Amgen announced that the US Federal District Court in Boston granted Amgen's motion for summary judgment and ruled that Roche's pegylated-erythropoietin (peg-EPO) product will infringe Amgen's EPO pharmaceutical composition patent number 5,955,422. In a separate decision, the Court also granted summary judgment in favour of Amgen on certain Roche defenses against the patents-in-suit.

According to an Amgen press release, the case will proceed to trial Sept. 4, 2007 where the court will hear Amgen's claim of infringement for additional patents and also hear other Roche arguments on the validity and enforceability of Amgen's patents. Amgen continues to believe that its patents are valid and enforceable, and that Roche's peg-EPO product will infringe other Amgen patents relating to recombinant erythropoietin and its production.

In addition to infringing its EPO patents, Amgen firmly believes Roche's peg-EPO product provides no clinical or patient benefit over Amgen's innovative therapies, Epogen (Epoetin alfa) and Aranesp (darbepoetin alfa).

Amgen discovers, develops and delivers innovative human therapeutics. A biotechnology pioneer since 1980, Amgen was one of the first companies to realize the new science's promise by bringing safe and effective medicines from lab, to manufacturing plant, to patient.