Amgen Inc. Chief Executive Kevin Sharer said the company is confident the company will prevail in a patent-infringement lawsuit against Roche Holding Ltd.'s (RHHBY) anemia drug.
During a conference call with analysts following the company's third-quarter earnings release, Sharer said U.S. District Judge William Young in Boston on Monday accepted jurisdiction over the case, and that "we see that as a positive step."
Company spokesman David Polk said after the call that a specific trial date hasn't been set, although the company has been told it will take place in September 2007.
On the call, Sharer said many people have asked about the lawsuit, in which Amgen says it believes Roche's peg-EPO product violates Amgen's patents for Epogen and Aranesp, and doesn't provide any clinical or patient benefit over Amgen's therapies.
On Friday, the federal court denied Roche's motion to dismiss Amgen's patent-infringement lawsuit.
Roche is asking for U.S. regulatory approval to sell its anemia drug, but Sharer said, "We are very confident Roche infringes our patent."
He said he can't answer questions he has been asked about whether Roche will launch its drug at risk, if it receives Food and Drug Administration approval, or whether Amgen will seek a preliminary injunction.
"But you can rest assured we will be very, very vigorous on all fronts in defending our franchise and making sure patients get the right product," Sharer said.
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