Amgen Wins Ruling Barring Roche Sales

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Roche Holding AG was barred by an appeals court on Friday from selling the anemia drug Mircera in the United States, after a judge found that the company infringes Amgen Inc.’s patents.

The U.S. Court of Appeals for the Federal Circuit upheld a February order by U.S. District Judge William Young in Boston without comment. Young ruled last week that U.S. sales of Mircera should be blocked until the patents expire.

Young didn’t include a final judgment in his Oct. 2 opinion. He reaffirmed his findings from February, when he issued a preliminary injunction against Mircera sales, and explained why he rejected Roche’s request for a new trial. The Basel, Switzerland-based company lost a jury verdict last year in a patent case brought by Amgen.

Thiusand Oaks-based Amgen said it was pleased with the ruling. The biotech has sought to block Mircera sales to deter competition for its anemia treatments Aranesp and Epogen, which generated $6.1 billion in sales last year.

Roche is considering its appeal options, a spokeswoman said.




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