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December 22, 2009


Great move for Amgen, good move for Roche, not so good for the US public: those Amgen patents will probably never see another obviousness-type double patenting challenge, since that's not grounds for a reexam, only court proceedings. But who else is going to bring a similar product to market in the next four years, who would have standing to put such a challenge before a court? Absent a generic biopharmaceuticals approval route, Roche spent over $1B developing its own product; is there anyone else out there in the process of spending that kind of money to bring a third product to market?

The bottom line is that US consumers are going to have to continue to shell out big bucks for Amgen's product for another 4.5 years.

Dear Humor:

Agreed that Amgen has secured "peace in the Epo patents' time" with this victory. It will be interesting to see what happens to Epo pricing when Roche's product hits the market.

Thanks for the comment.

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