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Amgen Wants Court to Rule on Patent: The Thousand Oaks biotechnology firm is seeking a declaratory judgment by a U.S. District Court in Massachusetts that it is not infringing Genetics Institute Inc.’s homogeneous erythropoietin patent and that the patent is invalid and unenforceable. In a news release, Amgen Inc. said it is asking the court to declare that any dispute over the patent was entirely resolved by previous litigation and that Genetics Institute cannot assert any patent rights relating to homogeneous EPO against Amgen and its licensees. Spokesmen for Cambridge, Mass.-based Genetics Institute said the company continues to believe in the validity and enforceability of its patent. They said Genetics Institute expects to sue Amgen for infringement of the patent in the near future.
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