AMGN-TKTX ruling update

Judge Young declined to rule today on motions filed Wednesday by Amgen (AMGN) in its patent infringement suit against Transkaryotic Therapies (TKTX) and partner Aventis (AVE), AMGN said. AMGN had asked the court to rule on infringement of its erythropoietin patents by TKTX's GA-EPO product and on the validity of those patents based on arguments and testimony heard to date in the trial.

However, the judge did rule on some of TKTX's defenses related to the invalidity of three AMGN patents, according to TKTX. Judge Young said TKTX's arguments of obviousness and anticipation respecting U.S. Patents No. 5,621,080, No. 5,547,933, and No. 5,756,349 did not meet the standard of clear and convincing evidence. Therefore, the judge will not consider them when making a final ruling in the case, TKTX said. The judge declined to rule on TKTX's arguments of enablement and written description, leaving those arguments in play. ...