Amgen, Roche hematology news
The U.S. Court of Appeals for the Federal Circuit affirmed a ruling from the U.S. District Court for the District of Massachusetts that Mircera methoxy polyethylene glycol-epoetin beta from Roche infringes four patents held by Amgen, including two erythropoietin (EPO) process patents and two EPO product patents. The CAFC also left in place the lower court's permanent injunction preventing Roche from selling Mircera in the U.S.
The CAFC ordered a new trial on the infringement of another EPO process patent, Amgen's U.S. Patent No. 5,756,349, vacating a previous judgment of non-infringement by the district court. The CAFC also remanded back to the district court the '349 and the two infringed product patents for an obviousness-type double patenting analysis of validity. ...