Amgen Inc. prevailed in a long-running patent dispute over its rheumatoid arthritis drug Enbrel Monday when a U.S. federal appeals court ruled an Israeli company cannot seek royalties on the drug. The patent dispute, on the face of it, covers a protein used to treat rheumatoid arthritis that was originally licensed to Immunex Corp. before it was acquired by Amgen in 2001. But the case before the court hinged on the question of who owned the patent being disputed. The federal court ruled that Israel Bio-Engineering Project lacked standing to sue Amgen for infringement of the patent because it could not establish sole ownership of the patent. The court upheld in earlier finding that Yeda Research and Development Co. is at least a part-owner of the patent. Yeda declined to participate in the patent dispute. As a result, Israel Bio-Engineering Project could not establish sole ownership of the patent and, therefore, was not in a position to sue. Amgen's position, one it has maintained throughout the patent dispute that began in 1999, was that the patent at issue doesn't even cover Enbrel, said David Polk, a spokesman for the company, late Monday.

Posted by GEN-ERIC at 12:12:46 am into the following categories: In The News

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