AMGEN INC. v. U.S. INTERN. TRADE COM'N

No. 89-1523.

902 F.2d 1532 (1990)

AMGEN, INC., Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, Chugai Pharmaceutical Co., Ltd. and Chugai Pharma U.S.A., Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

April 27, 1990.


Attorney(s) appearing for the Case

S. Leslie Misrock, Pennie & Edmonds, New York City, argued, for appellant. D. Dennis Allegretti, Jon O. Nelson, John J. McDonnell, and Paul H. Berghoff, Allegretti & Witcoff, Ltd., Chicago, Ill., were on the brief, for appellant. Also on the brief, were Paul Plaia, Jr., Cecilia H. Gonzalez, Howrey & Simon, Washington, D.C., and Robert D. Weist and Steven M. Odre, Amgen, Inc., Thousand Oaks, Cal., of counsel.

Jean H. Jackson, Office of the Gen. Counsel, U.S. Intern. Trade Com'n, Washington, D.C., argued for appellee. With her on the brief, were Lyn M. Schlitt, Gen. Counsel, James A. Toupin, Asst. Gen. Counsel and Abigail A. Shaine.

Kurt E. Richter, Morgan & Finnegan, New York City, argued for intervenors, Chugai Pharmaceutical Co., Ltd., Chugai Pharma U.S.A., Inc. With him on the brief, were Eugene Moroz, William S. Feiler, Michael P. Dougherty and Valerie Fedowich. Also on the brief, were Will E. Leonard, Jon F. Tuttle, Jonathan Hemenway Glazier, Edward R. Easton, Philippe M. Bruno and Kenneth J. Nunnenkamp, Dorsey & Whitney, Washington, D.C., of counsel.

Mary Helen Sears, Peter M. Kirby and William J. McNichol, Jr., Ginsburg, Feldman & Bress, Chartered, Washington, D.C., were on the brief, for amicus curiae, Mayflower Imports, Inc.

Before RICH and ARCHER, Circuit Judges, FRIEDMAN, Senior Circuit Judge.


RICH, Circuit Judge.

Amgen, Inc. (Amgen) appeals from the April 10, 1989 Order of the United States International Trade Commission (Commission), Inv. No. 337-TA-281 entitled Certain Recombinant Erythropoietin, 10 USPQ2d 1906 (USITC 1989), dismissing its complaint for lack of subject matter jurisdiction. We vacate and remand.

BACKGROUND

Erythropoietin is a hormone which controls the synthesis of red blood cells in bone marrow and which is useful...

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