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AMGEN, INC. v. CHUGAI PHARMACEUTICAL CO., LTD.

Civ. A. No. 87-2617-Y.

706 F.Supp. 94 (1989)

AMGEN, INC., Plaintiff, v. CHUGAI PHARMACEUTICAL CO., LTD., and Genetics Institute, Inc., Defendants.

United States District Court, D. Massachusetts.

January 31, 1989.

Attorney(s) appearing for the Case

D. Dennis Allegretti, Allegretti & Witcoff, Michael Borun, Richard Schnurr, Edward O'Toole, Marshall, O'Toole, Gerstein, Murray & Bicknell, Chicago, Ill., Allan Van Gestel, Goodwin Procter & Hoar, Boston, Mass., for plaintiff.

Ian Crawford, William Lee, Hale & Dorr, Boston, Mass., for defendants.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This action involves the alleged infringement of several patents covering erythropoietin, a protein which circulates in the blood and stimulates the production of red blood cells. Erythropoietin is used primarily for the clinical treatment of anemia, particularly anemia caused by renal disease.

In essence, this case is a battle over turf. The plaintiff Amgen, Inc. ("Amgen") owns a patent, the claims of...

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