(CN) – The Federal Circuit refused to lift an injunction barring F. Hoffman-La Roche Ltd. from importing its anemia treatment, Mircera, to the United States, saying the drug infringes on some of Amgen’s patent claims.
In a mixed 81-page ruling, the federal appeals court sided with each drug maker on portions of the dispute, but stopped short of upending the injunction.
Remanding the case, Judge Schall said the district court might want to revisit the Mircera importation ban.
“[B]ecause we leave certain infringement rulings in place, while vacating and remanding others, the district court is of course free to reconsider the scope of its permanent injunction,” Schall wrote.
Mircera is a manufactured form of protein erythropoietin, a protein normally produced by the kidneys to help produce red blood cells. The treatment’s used to treat anemia, a lack of red blood cells.