Amgen Inc. v. F. Hoffman-La Roche Ltd

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Before MAYER, CLEVENGER, and SCHALL, Circuit Judges.

This is a patent case. Amgen Inc. (“Amgen”) is the owner of U.S. Patent Nos. 5,441,868 (“the ’868 patent”), 5,547,933 (“the ’933 patent”), 5,618,698 (“the ’698 patent”), 5,756,349 (“the ’349 patent”), and 5,955,422 (“the ’422 patent”). The patents relate to the production of the protein erythropoietin (“EPO”) using recombinant deoxyribonucleic acid (“DNA”) technology. All five patents share a common specification and descend from Application No. 06/675,298 (“the ’298 application”), which issued as now-expired U.S. Patent No. 4,703,008 (“the ’008 patent”).

In November of 2005, Amgen brought a declaratory judgment action against F. Hoffman-La Roche Ltd, Roche Diagnostics GMBH, and Hoffman-La Roche Inc. (“Roche”) in the United States District Court for the District of Massachusetts, alleging that Roche’s product, MIRCERA(r), would infringe Amgen’s five patents if imported into the United States. Roche responded with affirmative defenses and counterclaims that Amgen’s asserted patents were invalid and not infringed. In October of 2008, following rulings of summary judgment and judgment as a matter of law (“JMOL”), and a jury trial, the court entered judgment that the ’868, ’933, ’698, and ’422 patents were infringed and not invalid, and that the ’349 patent was neither invalid nor infringed. Amgen, Inc. v. F. Hoffman-La Roche Ltd., No. 05-12237-WGY, slip op. at 1–2 (D. Mass. Oct. 17, 2008) (“Final Judgment”). Accordingly, the court granted Amgen declaratory relief and permanently enjoined Roche from marketing MIRCERA(r) in the United States. Id.

More From ALM

Unlock the secrets to mastering second request document review. This comprehensive blueprint provides actionable insights and best practices to ensure efficiency and compliance. Learn how to assemble the right team, leverage cutting-edge technology, and streamline workflows for optimal results. Access the article now to learn how to transform your document review process.

Blueprint for Successful Second Request Document Review

Brought to you by Integreon
Download Now

Unlock the secrets to boosting recruiting, productivity, and reducing turnover in 2024 with this guide. Learn the 3 R’s--Rethink, Reevaluate and Reprioritize --to enhance recruitment, productivity, and retention. Transform your workplace into a thriving environment where employees feel valued and motivated. Download the guide now and lead your firm to new heights.

Employee Happiness Playbook: The 3 R's for Business Success in 2024

Brought to you by Amazing Workplace, Inc.
Download Now

Discover how Early Case Assessment (ECA) workflows can revolutionize your litigation strategy, save time and costs, and empower your legal team.

Unlocking the Power of Early Case Assessment Workflows

Brought to you by Integreon
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

General Counsel Conference Southwest 2024

September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies

Learn More

The American Lawyer Industry Awards 2024

November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.

Learn More

General Counsel Conference East 2024

November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies

Learn More