Amgen Loses Round in Sales Dispute

Amgen, a biotechnology company in Thousand Oaks, lost a round Friday in its complex legal fight with rival Genetics Institute over U.S. marketing rights for a new anti-anemia drug.

Genetics Institute, based in Cambridge, Mass., and its partner, Chugai Pharmaceutical Co. of Japan, said a U.S. Appeals Court dismissed Amgen’s appeal of an order by the International Trade Commission that would permit Genetics Institute and Chugai to import their version of the drug from Japan to the U.S. market in competition with Amgen’s version.

The drug, erythropoietin (EPO), helps fight off anemia in patients with such problems as kidney disease.

Mary Helen Sears, a Chugai lawyer, said the appeals court ruled that Chugai had not infringed on one of Amgen’s patents, so that Chugai cannot be prevented under the 1988 Trade Act from importing the drug.

But the issue is far from settled. The same appeals court in Washington is reviewing several other patent and marketing disputes between the companies that were initially brought before a federal judge in Boston. The judge has effectively urged the companies to share the market.

Amgen officials could not be reached for comment on the appellate court’s ruling Friday.