Prelude to the real arguments

The final Markman hearing in Amgen Inc.'s erythropoietin patent infringement suit against Transkaryotic Therapies Inc. and Aventis Pharmaceuticals shed perhaps even less light on the issues that will decide the case than did the previous two hearings into AMGN's patent claims. In any case, the judge in the case last week made clear that the outcome ultimately will turn on upcoming arguments about whether AMGN in fact enabled the claims in its patents for EPO.

Last week's hearing did serve to define six additional disputed terms in AMGN's patent claims, and gave some insight into the arguments each side may use once the trial begins following a final pre-trial hearing scheduled for this week. ...