Monday, July 24, 2000
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.