Genetics Institute Inc. said Thursday that the Court of Appealsfor the Federal Circuit has denied its request forreconsideration of the decision that invalidated GI's patentcovering pure erythropoietin.

On March 5, the appeals panel ruled that GI's patent claims forEPO were invalid for lack of enablement. The decisionprohibited GI and its marketing partner, Chugai PharmaceuticalCo. Ltd. of Japan, from manufacturing or selling EPO in theUnited States.

EPO is a protein that stimulates the production of red bloodcells by the bone marrow. It is used as a therapeutic to treatanemias associated with chronic renal failure.

Bruce Eisen, GI's chief patent counsel, on Thursday said, "Weare considering seeking review by the U.S. Supreme Court ofaspects of the March 5 ruling." GI has until July to decidewhether to seek a high court review.

GI stock (NASDAQ:GENI) closed at $31.50 on Thursday, down 75cents.

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