Main > HEMATOLOGY > Proteins > Epoetin (Erythropoietin) > Gene Activation/Therapy > USA: Market Legal Status

Product USA. AT

INDICATION'S Anemia treat. associated with
- AIDS
- Chemotherapy (Cancer)
- Kidney dialysis
LEGAL DISPUTES Market Leader Co. has come out victorious in patent litigation
Transkaryotic Therapies, a small firm developing gene-based prodts, had challenged Market Leader Co.'s dominant position with Dynepo, the EPO protein produced through gene activation in human cells.
The decision is at the very least, a warning sign that new ways of producing therapeutic proteins, as through GENE THERAPY, may infringe patents on more traditional recombinant DNA prodts. Market Leader Co. says the decision prevents Transkaryotic Therapies & Aventis Pharmaceuticals from selling Dynepo in the U.S.
Transkaryotic Therapies (TKT) says it intends to challenge the ruling of the U.S. District Court for the District of Mass. "We're not the only biotech Co. to have ever lost a patent case involving erythropoietin before Judge [William G.] Young," says Richard F. Selden, TKT's Pres. & CEO
Market Leader Co. originally filed suit in 1997 against TKT & Hoechst Marion Roussel, Aventis predecessor. Judge Young's decision actually was mixed, finding that 2 of five Market Leader Co.'s patents on EPO production were not infringed & only certain claims of the others were. None of the patents was invalidated
UPDATE 01.01
ALLIANCE Between
- Aventis Pharmaceuticals Inc
- Transkaryotic Therapies (USA)
TRADEMARK Dynepo

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