Genzyme Waits to Hear Outcome of Patent Suit against Rival Drug Maker.

Byline: Naomi Aoki

Nov. 30--A judge's reading of a key phrase in a Genzyme Corp. patent appears to diminish the Cambridge company's chances of winning a patent fight against its cross-town neighbor, Transkaryotic Therapies Inc.

But the ruling in the pretrial motion didn't seem to dim Genzyme's hopes for victory. Saying the reading remained open to interpretation, the company announced plans to ask for a swift judgment against TKT.

"It's apparent that both sides see something in the ruling to support their position," said Genzyme spokesman Bo Piela. "Our position is that TKT's technology does infringe on this particular claim." "Based on the court's decision, we continue to believe that TKT does not infringe this patent," said TKT president and chief executive Richard Selden.

The two firms are developing nearly identical drugs to treat a rare genetic disorder, known as Fabry disease. They are racing to be the first, and perhaps sole, provider in the United States of a breakthrough therapy.

Both firms sought market exclusivity under the orphan drug act, aimed at encouraging drug development for rare diseases.

Some 2,000 to 4,000 people worldwide have Fabry. Such people lack an enzyme, alpha galactosidase, involved in breaking down fats. The buildup of fat causes pain, numbness, and cell damage, ultimately leaving patients at risk for kidney damage, heart disease, and stroke. ...