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Amgen wins patent ruling

September 23, 2008|From Times Wire Services

Biotechnology giant Amgen Inc. won a court ruling that its Enbrel arthritis drug doesn't infringe a 2002 patent held by Ariad Pharmaceuticals Inc.

"The evidence of record establishes that Enbrel acts outside of cells, rather than inside the cells," as the patent requires, U.S. Magistrate Judge Mary Pat Thynge wrote.

Amgen, in Thousand Oaks, sued Ariad in federal court in Delaware in 2006 seeking a ruling that it doesn't infringe, prompting a counterclaim from Ariad last year. Enbrel generated sales of $3.2 billion in 2007, or 22% of Amgen's total. Ariad, of Cambridge, Mass., said it would appeal.

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