Roche’s anaemia drug Mircera has been barred from the USA after a US appeals court upheld a previous ruling alleging the Swiss company’s drug infringes Amgen patents.

The decision follows a preliminary injunction in February ordered by the US District Court in Boston, which blocked Roche from selling Mircera (methoxy polyethylene glycol-epoetin beta) in the USA. The Swiss drugmaker had been appealing this decision.

Earlier this month, Roche was also handed a separate permanent injunction from launching the drug in the country, which upheld the prior jury verdict and court rulings regarding the infringement, validity and enforceability of Amgen’s patents.

Roche’s drug was approved by the US Food and Drug Administration last November but the company has met with obstacles because of the injunctions, which claim Mircera infringes 10 claims of four of biotech Amgen’s EPO patents relating to the drugs Aranesp (darbepoetin alfa) and Epogen (epoetin alfa).

Amgen said in a statement it was “pleased” with the court ruling.

Roche is reported to be looking at how to appeal this latest decision.