Amgen announced that the US District Court in Boston issued its written decision upholding the prior jury verdict and court rulings regarding the infringement, validity and enforceability of 10 claims of four of Amgen's erythropoietin (EPO) patents.

The court also ruled that Amgen is entitled to a permanent injunction prohibiting Roche from selling its pegylated-erythropoietin (peg-EPO) product MIRCERA in the US. Previously, the court entered a preliminary injunction preventing Roche from selling peg-EPO, and Roche has appealed that ruling. In today's decision, the District Court stated that it would enter a permanent injunction once the appeal of the preliminary injunction is resolved.

In finding that a permanent injunction against Roche is justified, the District Court stated, "Failure to enter a permanent injunction would risk undermining the incentives for innovation that have produced, and hopefully will continue to produce, medical advances that extend and enhance the value of life. The Court therefore concludes that the public interest will not be disserved by a permanent injunction."

"Amgen is pleased with the ruling, which recognizes that Amgen is entitled to a permanent injunction against Roche and reaffirms the infringement and validity of our patents," stated David Scott, senior vice president and general counsel at Amgen. "Amgen remains committed to investing in innovative research and to delivering medicines that treat grievous illness and meet unmet medical needs."

In a separate decision involving Amgen's suit against TKT and Aventis, the District Court upheld the validity of claim one of Amgen's US patent no 5,955,422 that claims pharmaceutical compositions of human EPO and entered a permanent injunction prohibiting TKT and Aventis from selling its gene-activated EPO in the US.

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