UPDATE 2-Amgen says court backs one patent claim vs Roche
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LOS ANGELES, Aug 28 (Reuters) - Amgen Inc said on Tuesday a federal court has ruled a Roche Holding AG product infringes an Amgen anemia drug patent, sending the shares of the world's biggest biotechnology company up more than 2 percent.
The Amgen (AMGN.O) victory is for a composition of matter patent, which analysts said is often the most important because it covers chemical compounds and is considered an effective tool for blocking rival drugs or generics.
Amgen's anemia franchise, which had sales of $6.6 billion last year, has been under siege due to safety concerns and a pullback of coverage by the U.S. agency that oversees Medicare and Medicaid.
The company, based in Thousand Oaks, California, has long battled to keep Roche's (ROG.VX) Mircera, which is approved in the European Union, out of the market in the United States.
If approved, Mircera would compete with Amgen blockbusters Epogen and Aranesp and Johnson & Johnson's (JNJ.N) Procrit.
Roche has argued its drug is different, claiming Mircera is longer lasting than other available anemia drugs.
The two are battling over five patents, including the one that was the subject of the summary judgment announced on Tuesday, and are set to face off in a trial expected to begin in U.S. Federal District Court in Boston on Sept. 4.
"At face value, this press release looks very damaging to Roche's case," Cowen & Co analyst Eric Schmidt said.
Amgen shares, which have shed more than 28 percent of their value this year, rose to $50.10 in extended trading after closing down 91 cents at $49.01 on the Nasdaq.
Tuesday's ruling was good news for Amgen, but Roche said the dispute was far from over.
"While we disagree with the Judge on the matter of infringement, the ruling does not determine the ultimate validity of any Amgen patents," Roche said.
The drugs at issue belong to a class known as erythropoiesis-stimulating agents, which are used to boost red blood cells. They are often given to anemic cancer or dialysis patients in an effort to avoid blood transfusions.
John McCamant, editor of the Medical Technology Stock Newsletter in Berkeley, forecast Roche would eventually challenge Amgen in the market Amgen pioneered.
"Roche has a decent position ... Amgen is going to face competition at some point. The question is when," McCamant said.
(Additional reporting by Kim Dixon in Washington)
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