Merrill rates Amgen at neutral

Amgen Inc. was given a neutral rating by Merrill Lynch analyst Eric Ende after Roche filed a motion to dismiss Amgen's CERA complaint alleging that Roche's CERA would infringe Amgen's EPO patents. Roche wants the case dismissed because it believes its activities with CERA are protected by a safe harbor provision of patent code and the case is premature. Merrill does not expect Amgen's lawsuit to be dismissed by the court. Shares of the Thousand Oaks, Calif., biotechnology company were up $1.35, or 1.95%, at $70.96 on volume of 10,257,423 shares versus the three-month running average of 10,848,400 shares. (Nasdaq: AMGN)

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