Court rules Roche drug infringes Amgen patent

Amgen Inc. said Tuesday that a federal court had ruled that a Roche Holding product infringes an Amgen anemia drug patent.

A trial on other Amgen claims that Roche infringed patents covering its anemia products is set to begin in U.S. Federal District Court in Boston on Tuesday.

Thousand Oaks-based Amgen’s anemia franchise, which brought in $6.6 billion in sales last year, has been under siege because of safety concerns and a pullback in coverage by the U.S. agency that oversees Medicare and Medicaid.

Tuesday’s ruling was good news for Amgen, but Roche said there was still a long way to go in their dispute.

“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.

If approved, Roche’s drug Mircera would compete with Amgen’s blockbusters Epogen and Aranesp and Johnson & Johnson’s Procrit.

The drugs belong to a class known as erythropoiesis-stimulating agents, which are used to boost red blood cells in anemia patients to help avoid the need for blood transfusions.

Amgen has been fighting the Roche drug on several legal and regulatory fronts, alleging that it infringes Amgen patents.

Basel, Switzerland-based Roche has argued that its drug is different. It claims that Mircera lasts longer than other available anemia drugs.

Shares in Amgen rose to $50.22 in extended trading after closing down 91 cents at $49.01.