Maxygen Announces Final Rejection of All Claims of Amgen '804 Patent in Inter Partes Reexamination Proceeding

Maxygen, Inc. MAXY today announced that the United States Patent and Trademark Office (PTO) has issued a Right of Appeal Notice in the inter partes reexamination proceeding for Amgen's U.S. Pat. No. 7,381,804 that includes a final rejection of all claims in the ‘804 patent. Amgen's ‘804 patent includes certain claims to mutated granulocyte colony stimulating factor molecules that potentially cover Maxygen's MAXY-G34 product candidate, a next-generation, pegylated G-CSF. Maxygen submitted the request to the PTO for an inter partes reexamination of the Amgen patent in 2009. Amgen has the right to appeal the decision to the PTO's Board of Patent Appeals and Interferences. “We are very pleased with the outcome of the reexamination proceeding, and we believe that this result provides a foundation for our efforts to generate further value from the MAXY-G34 program for our stockholders,” said James R. Sulat, Maxygen's Chief Executive Officer. About Maxygen