Investigation of Amgen suppression of EPO invention

[James Love <love@cptech.org>]

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Info-Policy-Notes | News from Consumer Project on Technology
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April 16, 1998

       Ralph Nader and James Love ask President 
       Clinton to investigate Amgen over allegations 
       that Amgen is suppressing invention that may 
       cut average patient doses for EPO by half.

Today Ralph Nader the James Love sent letters to President Bill Clinton
and Amgen CEO Gordon Binder.  The letters concerned reports that Amgen
has refused to support the development of an invention which would
significantly reduce the average dose of EPO needed by patients, and
that other biotechnology firms have declined to develop the invention
independently because they fear litigation or loss of intellectual
property licensing opportunities from Amgen.  The invention was
developed at Lawrence Berkeley Laboratory (LBL), a national laboratory,
and was supported by grants from the National Institutes of Health
(NIH), and received US Patent 5,625,035 in 1997.

The letter to President Clinton asks that:

- the Federal Trade Commission investigate possible antitrust aspects of
Amgen's use of EPO patents to suppress the invention, 
- that the Clinton Administration consider if it would be appropriate to
withhold publicly supported intellectual property rights or research
support for a company a company that refuses to address legitimate and
important public health concerns.
- That the U.S. Patent and Trademark Office, the U.S. Trade
Representative, the Department of Health and Human Services and the
Federal Trade Commission evaluate U.S. positions in trade negotiations
on intellectual property rights, and determine if provisions on
compulsory licensing that exist in the WTO, NAFTA or the proposed
Multinational Agreement on Investments permit governments to adequately
address public health concerns.

A separate letter was sent to Gordon Binder, the Chairman of the Board
and Chief Executive Officer of Amgen.

The letters are on the Internet at
http://www.cptech.org/pharm/amgen.html

   James Love <love@cptech.org>
   202.387.8030    

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