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UPDATE 3-U.S. judge seeks expert advice on Amgen-Roche case

Wed Mar 26, 2008 6:10pm EDT
 
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(Adds Amgen comment, paragraphs 10-12)

By Deena Beasley

LOS ANGELES, March 26 (Reuters) - The federal judge overseeing Amgen Inc's (AMGN.O: Quote, Profile, Research, Stock Buzz) patent infringement case against Roche Holding AG (ROG.VX: Quote, Profile, Research, Stock Buzz) ordered an expert be appointed to recommend how to compare the dosing and prices of the companies' anemia drugs.

The Wednesday order delays until at least mid-June the judge's decision on whether or not to bar U.S. sales of Roche's Mircera, a court spokeswoman said.

A U.S. District Court jury in Boston found in October that patents on Amgen's anemia drugs were valid and that Mircera, which is approved for treatment of anemia in kidney disease patients, infringed three of them.

But U.S. District Judge William Young has declined to issue a permanent injunction barring sales of Mircera in the United States and has said he may instead impose a licensing deal allowing Roche to launch its drug -- which is administered less frequently than Amgen's Epogen and Aranesp -- if certain terms were met.

Although Amgen prevailed in the patent case, a compulsory license is a possibility following a 2006 U.S. Supreme Court decision in eBay vs. MercExchange that weakened the powers of courts to issue injunctions barring firms from using infringing technology.

Judge Young has said it may not be in the public interest to ban Mircera sales and Roche agreed last week to his suggested conditions for a license, including the payment of a 22.5 percent royalty to Amgen and a Medicare sales price below that of Epogen.

In the order, Young said he "continues to grapple with complex issues related to Amgen's request" for a permanent injunction and ordered the appointment of a "special master" to make recommended findings regarding price parity, as well as the dose conversion ratios for Mircera and Epogen.  Continued...

 

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