As the erythropoietin patent infringement lawsuit between Amgen Inc. and Transkaryotic Therapies Inc. draws toward concluding arguments, Judge William Young may be giving hints as to how the testimony has affected his view of the issues. As there is no jury in the trial, Young's views will decide whether TKTX and partner Aventis S.A. will be able to market their gene activated GA-EPO product following clinical development.

On Friday, Young chose not to rule on two AMGN motions, one for judgement of validity of the remaining patents in the suit and one for judgement of infringement (see Online Links, A6). However, Young did issue findings of fact that narrowed TKTX's potential defense arguments, pointing both sides toward additional evidence that the judge would like to see.