Article: Federal Judge Denies TKT & HMR Attempt to Dismiss Amgen EPO Patent Suit.

THOUSAND OAKS, Calif.--(BUSINESS WIRE)--April 16, 1998--Amgen (Nasdaq:AMGN) Thursday announced that a federal judge rejected an attempt by Transkaryotic Therapies (TKT) and Hoechst Marion Roussel (HMR) to dismiss Amgen's lawsuit for infringement of several U.S. patents owned by Amgen that claim an erythropoietin (EPO) product and processes for making EPO.

Thursday's action was not a ruling on the merits of the patent case itself. Rather, it involved the clinical trial exemption under patent law, which exempts activities relating to clinical testing from patent infringement claims.

Amgen had alleged that activities by TKT and HMR were outside ...

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