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AMGEN, INC. v. GENETICS INSTITUTE, INC.

Civ. A. No. 94-11818-WGY.

877 F.Supp. 45 (1995)

AMGEN, INC., Plaintiff, Ortho Pharmaceutical Corp., Ortho Biotech, Inc., OMJ Pharmaceuticals, Inc., Intervening Plaintiffs, v. GENETICS INSTITUTE, INC., Defendant.

United States District Court, D. Massachusetts.

February 14, 1995.

Attorney(s) appearing for the Case

Dennis D. Allegretti, Allegretti & Witcoff, Ltd., Boston, MA, Lloyd R. Day, Jr., Cooley, Godward, Castro, Huddleson & Tatum, Palo Alto, CA, for Amgen, Inc.

William F. Lee, Hale & Dorr, Boston, MA, for Genetics Institute, Inc.

David R. Schmahmann, Nutter, McClennen & Fish, Boston, MA, Jeffrey I.D. Lewis, Gregory L. Diskant, Theodore B. Van Itallie, Jr., Patterson, Belknap, Webb & Tyler, New York City, for Ortho Biotech, Inc., OMJ Pharmaceuticals, Inc. and Ortho Pharmaceutical Corp.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This action is the latest front in a scientific and legal war, now into its second decade, over the production and purification of erythropoietin ("EPO").1 EPO is a human protein that stimulates the production of red blood cells and is used primarily for the clinical treatment of anemia, particularly anemia caused by renal disease.2 The parties to...

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