Many analysts give the edge to Amgen because judges are often reluctant to overturn patents and because the legal standard for doing so is very high.
But it left four patents and 14 claims for TKT to defend and the judge has already ruled that TKT infringed Amgen's product patent on EPO. Amgen only has to prevail on one claim, unless TKT can prove that Amgen's patent is invalid.
Time will tell in several weeks. But I think Goliath will slay David in this battle.
opinions extracted from other opinions of people who have neither the legal nor technical skill to evaluate the probable outcome of this litigation. Analysts views are slanted by self interest, they will pay lip service to the giant multibillion dollar Amgen so as not offend them. The outcome will be based on law and facts not opinions based on analyst opinions. All who have read my past posts know by now that you can not disclose the cloning of 1 gene and its expression from one cell line and preclude all competition for a previously known drug for 30+ years. Amgen did not and could not express their product from human cells (or any cell line other than CHO cells) as TKTX has done, therefore they did not disclose it and cannot fairly claim the TKTX product or the process that TKTX uses to make it. It is really as simple as that. If AMgen's claims cover the TKTX product or process then they eventually will be held invalid. The only reason people say it is to close to call is because there has never been a case as close as this one. But I'm calling it. Any claim that is interpretted to cover what TKTX is doing will be held invalid, eventually. The only question for me is whether the District Court will do it and be affirmed by the Federal Circuit or whether the Federal Circuit will do it. In my opinion the claims will stand or fall together because they all suffer from the same basic problem they are not supported by a sufficiently broad disclosure to fairly cover TKTX's methods and products. The evidence I have heard of so far is simply getting at that point. Time will tell.