The Biotechnology Industry Organization (BIO) submitted an amicus brief today to the Court of Appeals for the Federal Circuit in the Amgen v. Hoffman-LaRoche case (see "Brief of Biotechnology Industry Organization as Amicus Curiae in Support of Appellee and Affirmance "). This case involves Roche's Mircera® drug product, a form of recombinant EPO that has been covalently linked to polyethylene glycol. Last October, a jury found that Mircera® infringed several Amgen patents. That verdict found that Roche's Mircera® infringed claims 3, 7, and 8 of Amgen's U.S. Patent No. 5,547,933 (claim 12 was found not to be literally infringed but infringed under the Doctrine of Equivalents); claims 1 and 2 of U.S. Patent No. 5,441,868; and claims 6 through 9 of U.S. Patent No. 5,618,698. (Amgen's infringed claims were directed to recombinant methods and recombinant EPO protein.) In addition, the jury found that Roche had not sustained its burden of establishing that any of Amgen's asserted claims were invalid.
The details can be read here.
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