Trademark Trial and Appeal Board Electronic Filing System. ggjgg
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`ESTTA Tracking number: ESTTA21252
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`Filing date3
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`12/14/2004
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`91153080
`Plaintiff
`IMMUNEX CORPORATION
`
`Proceeding
`
`Party
`
`1 Z
`
`7 A
`
`NDREA ANDERSON
`Correspondence FINNEGAN HENDERSON FARABOW GARRETT & DUN
`Address
`3 1300 I STREET, NW - SUITE 700
`WASHINGTON, DC 20005-3315
`
`Submission
`Filer's Name
`
`Plaintiffs Notice of Reliance
`Lisa Peller London
`
`Date
`
`12/14/2004
`
`Attachments
`
`0007421.PDF ( 3 pages)
`0007422.PDF ( 34 pages )
`0007423.PDF ( 61 pages )
`0007424.PDF ( 36 pages )
`§0007425.PDF( 17 pages )
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Attorney Docket: 08305.8081
`
`IMMUNEX CORPORATION,
`
`Opposer,
`
`V.
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`APPLIED MEDICAL RESEARCH,
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`Applicant.
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`\—/&/&./\J\2\./%/&/§/&/%
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`Opposition No. 91153080
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`OPPOSER’S NOTICE OF RELIANCE NO. 3 UNDER 37 FR §§ 2.122ge[
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`Immunex Corporation (“Opposer”) submits of record in connection with this opposition
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`proceeding a representative sample of unsolicited printed publications, available to the general
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`public in libraries and on the NEXIS database, as well as printed publications and wire service
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`articles of general circulation among members of the public under Trademark Rule 2.122(e) and
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`In re Cell Thegtpeutics, Inc., 67 U.S.P.Q.2d 1795, 1798 (TTAB 2003). The articles are from the
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`years 2001 (Exhibit A), 2002 (Exhibit B), 2003 (Exhibit C), and 2004 (Exhibit D).
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`This evidence is relevant to the issues of likelihood of confusion and dilution, and shows,
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`among other things, the nature and extent of use of the IMMUNEX mark and name, the channels
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`of trade for goods offered under the IMMUNEX mark and name, the class of consumers for
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`Opposer’s goods, the vast geographic scope of the sale of goods under the IMMUNEX mark and
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`name, and the annual sales figures for goods under the IMMUNEX mark and name.
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`In addition, this evidence also demonstrates the fame of Opposer’s’ IMMUNEX mark
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`and name, the strength and distinctiveness of Opposer’s’ ll\/[MUNEX mark and name, the
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`intense unsolicited media attention on Opposer’s’ IMMUNEX mark and name has received
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`

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`during the past four years alone, and the widespread public recognition of Opposer’s’
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`IMMUNEX mark and name by the relevant general public.
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`Opposition No. 91153080
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`Dated: December 14, 2004
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`Respectfully submitted,
`
`
`
`
`By: K
`Laurence R. He er
`
`Lisa Peller London
`
`FINNEGAN, HENDERSON, FARABOW,
`
`GARRETT & DUNNER, L.L.P.
`
`1300 I Street, N.W.
`
`Washington, D.C. 20005-3315
`(202) 408-4000
`
`Attorneys for Opposer
`Immunex Corporation
`
`

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`Opposition No. 91153080
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the foregoing OPPOSER’S NOTICE OF RELIANCE
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`NO. 3 was served on December 14, 2004 by first class mail, postage prepaid, on Applicant:
`
`Edward J. Petrus, M.D.
`Applied Medical Research, Inc.
`3413 Spanish Oak Drive
`Austin, Texas 78731
`
`
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91153080
`
`IMMUNEX CORPORATION,
`
`Opposer,
`
`V.
`
`APPLIED MEDICAL RESEARCH,
`
`Applicant.
`
`E/\2§/%%/Q/&'/&\/\2%
`
`Opposition No. 91153080
`
`EXHIBIT A
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`

`
`Copyright 2001 The Miami Herald
`All Rights Reserved
`The Miami Herald
`
`December 18, 2001 Tuesday FINAL EDITION
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`SECTION: BUSINESS; Pg. 3C
`
`LENGTH: 410 words
`
`HEADLINE: AMGEN BUYS RIVAL IMMUNEX
`
`BYLINE: Bloomberg News
`
`DATELINE: THOUSAND OAKS, Calif.
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`BODY:
`
`Amgen agreed to buy rival Immunex Corp. for $16 billion in cash and stock to gain Enbrel, a leading rheumatoid
`arthritis drug that Amgen predicts will have sales of $3 billion or more.
`
`Enbrel’s potential as a multibillion-dollar seller would give the world’s largest biotechnology company another leading
`medicine to go with its Epogen anemia drug, which Amgen expects will have $2 billion in sales this year. The
`company’s biggest task will be increasing Enbrel sales as the medicine faces a supply shortage and potential new rivals.
`
`Amgen plans to increase production of Enbrel, which analysts predict will have 2001 sales of $750 million, and sell
`the product along with its own entry in the market, Kineret. The company expects the transaction, the largest between
`two biotechnology companies, to dilute 2003 profit before adding to earnings.
`
`‘'1 ’ve never been a big fan of dilution, but I can understand the strategic direction it provides for Amgen," said Greg
`Aurand, a manager of the Orbitex Health and Biotechnology Fund, which owns Amgen shares. "1 give (the acquisition)
`a qualified thumbs-up."
`
`Immunex shares climbed $3.44, or 13 percent, to $29.06. Amgen rose $3.46, or 6.2 percent, to $59.49.
`
`Thousand Oaks, Calif.—based Amgen agreed to pay 0.44 share of Amgen plus $4.50 in cash for each share of
`Immunex, the companies said in a statement. At Amgen’s closing price of $59.49 Monday, the transaction values each
`share of Seattle-based lmmunex at $30.68, 20 percent more than Immunex’s closing price on Friday.
`
`Enbrel, introduced in 1998, has had faster-than—expected growth in demand, leading Immunex to rush to complete
`a new plant in Rhode Island. To bolster Enbrel sales, Amgen must address the supply shortage that’s hindered the
`drug’s growth since last year.
`
`Amgen said it expects the new facility to begin operating in January 2003, later than lmmunex’s earlier estimate of
`the second half of 2002.
`
`Enbrel is expected to reach $3 billion in sales by winning approval for new indications, such as psoriasis and
`psoriatic arthritis, and expanding its rheumatoid arthritis market by targeting patients at an earlier stage, Amgen said.
`
`

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`Enbrel must keep ahead of experimental medicines at companies including Abbott Laboratories, Celltech Plc and
`Pharmacia Corp. Abbott’s DZE7 could reach the market by 2003, and Ce11tech’s and Pharmacia’s drug could follow a
`year later.
`
`LOAD—DATE: December 19, 2001
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`

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`Copyright 2001 San Jose Mercury News
`All Rights Reserved
`San Jose Mercury News (California)
`
`December 18, 2001 Tuesday MORNING FINAL EDITION
`
`SECTION: BUSINESS; Pg. 1C
`
`LENGTH: 857 words
`
`HEADLINE: NO. 1 BIOTECH FIRM TO BUY NO. 3;
`AMGEN’S PURCHASE OF IMMUNEX GIVES IT RIGHTS TO ENBREL, THE RHEUMATOID-ARTHRITIS
`MEDICATION AND THE FASTEST-GROWING BIOTECH DRUG IN INDUSTRY HISTORY.
`
`BYLINE: PAUL JACOBS, Mercury News
`
`BODY:
`
`Amgen, the world’s largest biotech company, finally found a way to add another hot—selling product to its medicine
`cabinet after years of trying.
`
`In the biggest biotechnology merger by far on record, the Southern California company announced Monday that it
`would purchase lmmunex of Seattle in a stock-and-cash deal worth $16 billion.
`
`The acquisition, which must be approved by the companies’ shareholders, would give Amgen rights to Enbrel, the
`Immunex rheumatoid-arthritis medication and the fastest—growing biotech drug in industry history.
`
`The merged company would have more than 2 1/2 times the market value of its nearest rival, Genentech of South San
`Francisco.
`
`Amgen already has two other blockbuster drugs that will likely remain the best-selling biotech drugs on the market
`until Enbrel overtakes them: Epogen, for treating anemia in patients with end-stage kidney failure, and Neupogen, for
`boosting the immune systems of cancer patients on chemotherapy. Combined sales for the two drugs stand at $3 billion
`a year.
`
`In a press release and again at an early morning analysts’ briefing, Amgen Chief Executive Officer Kevin Sharer
`stressed the role of Immunex’s Enbrel asa key to driving Amgen’s growth.
`
`High hopes for Enbrel
`
`"We firmly believe that, as a result of this combination, Enbrel -- the fastest—growing biologic drug ever -— will reach
`its peak of $3 billion or more in annual sales," Sharer said.
`
`With the acquisition, Amgen’s annual percentage sales increases should be in the low 30s for the next five years
`rather than the low 20s predicted before the merger, the company estimated.
`
`The response on Wall Street was generally cautious.
`
`

`
`"What made the most sense for Amgen was to acquire a product that would have an impact on the bottom line and its
`longer-term growth rate," said Thomas J. Dietz, an analyst with Pacific Growth Equities. "They had to buy a proven
`success."
`
`"We continue to rate Amgen a buy," said Eric Schmidt of SG Cowen. "I don’t think the deal changes that. It is tough
`for me to see a lot of synergies in these two companies."
`
`Enbrel sales have climbed to $750 million a year since it first won approval in 1998 from the Food and Drug
`Administration for patients with moderate to severe arthritis. Today, the approved indications for the drug have been
`expanded and it is becoming a first-line treatment for patients with the most debilitating form of the disease.
`
`Demand grew so quickly that Immunex’s limited production capacity could not keep pace. Patients were required to
`sign up and wait their turn in a system organized by the company while it builds new facilities to step up manufacturing.
`As it is, more than 120,000 patients have used the drug, and that’s only a fraction of what Amgen officials see as the
`product’s potential.
`
`The deal combines the No. l and No. 3 biotech companies as measured by market capitalization; the result will be a
`biotech powerhouse that could fulfill Sharer’s dream of creating a major pharmaceutical company, but one that keeps
`the sensibilities of a smaller biotech company.
`
`"We will be able to compete with the Mercks and the Pfizers, but with much more nimbleness," said Immunex
`spokeswoman Robin Shapiro.
`
`At the close of trading Monday, the two companies had a combined market value of $78 billion, compared with
`Merck’s $130 billion and Pfizer’s $253 billion.
`
`Cash and shares
`
`Immunex stockholders will receive $4.50 plus 0.44 of a share of Amgen for each share of Immunex stock.
`
`Significantly, American Home Products, which owns 41 percent of Immunex, has agreed to the terms of the deal. It
`will wind up with an 8 percent ownership of the combined companies.
`
`American Home Products has been marketing Enbrel in partnership with Immunex. Clearly, it was in a position
`to halt the proposed merger but did not.
`
`The merger comes after some rather conspicuous failures in Amgen’s relentless pursuit of another big-time product.
`The company paid Rockefeller University $20 million in the early 1990s to license a newly discovered human protein
`called leptin, which had potential as a weight—loss medication. Early trials of the drug proved disappointing.
`
`More recently, the company backed out of an agreement with Praecis Pharmaceuticals after Amgen had invested $100
`million to develop the drug Plenaxis for treating prostate cancer.
`
`But both Amgen and Immunex have extensive research and development efforts and a number of promising drugs in
`their development pipelines.
`
`Amgen predicted some dilution of earnings through 2003 as a result of the deal, but gains thereafter. The company is
`predicting some savings by eliminating overlap between the two companies —— $200 million in 2003, $250 million in
`2004. Overall, there could be a 5 percent reduction in the combined workforce of 9,500 employees. That’s about the
`same that they experience from normal turnover.
`
`Amgen shares, which had dropped 13 percent last week on rumors of the deal, closed Monday at $59.49, up $3.46;
`Immunex continued to gain, closing at$29.06, up $3.44.
`
`NOTES: THE MERGER OF TWO BIOTECH GIANTS
`AMGEN
`
`

`
`What it does: Produces two of the best—selling biotech drugs, Epogen for the treatment of anemia in kidney failure
`patients, and Neupogen, which boosts the immune systems of cancer patients undergoing chemotherapy. Annual sales
`of those two products is $3 billion.* CEO: Kevin Sharer
`* Headquarters: Thousand Oaks
`* Annual revenues (year ended Sept. 30): $3.8 billion
`* Net income (year ended Sept. 30, 2001): $1.1 billion
`IMMUNEX
`
`What it does: Produces Enbrel, for rheumatoid arthritis, the fastest growing biotech drug ever. Sales, now at $750
`million, are expected to grow to $3 billion or more a year.* CEO: Ed Fritzky
`* Headquarters: Seattle
`* Annual revenues (year ended Sept. 30, 2001): $861 million
`* Net income (year ended Sept. 30, 2001): $154 million
`Sources: Amgen, lmmunex
`
`LOAD-DATE: December 19, 2001
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`

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`Copyright 2001 Gannett Company, Inc.
`USA TODAY
`
`December 14, 2001, Friday, FINAL EDITION
`
`SECTION: MONEY; Pg. 1B
`
`LENGTH: 466 words
`
`HEADLINE: Amgen may pay $18B for Immunex
`
`BYLINE: Noelle Knox
`
`DATELINE: NEW YORK
`
`BODY:
`
`NEW YORK -— Amgen, the world’s largest biotech company, is widely reported to be in discussions to buy Immunex,
`maker of a blockbuster drug for rheumatoid arthritis, in a deal that could be worth $18 billion.
`
`Amgen, which makes drugs for cancer and inflammatory disorders, wants to broaden its product lines and is willing to
`pay more than $30 a share for Immunex. Immunex needs Amgen’s financial muscle to power its research and
`development of new treatments.
`
`The negotiations come against a backdrop of rapid consolidation in the biotech field. Last week, Millennium
`Pharmaceuticals announced a bid for Cor Therapeutics for almost $2 billion. That followed a $1.3 billion deal between
`Medlmmune and Aviron. Amgen also wants to gain better footing against bigger drugmakers like Bristol-Myers
`Squibb, which recently agreed to pay $1 billion for a 20% stake in ImClone Systems, which is developing a cancer
`drug.
`
`The biggest stumbling block to a deal between Amgen and lmmunex could be American Home Products, which holds
`a 41% stake in Immunex. AHP also co-markets the Immunex’s Enbrel drug for rheumatoid arthritis in the USA and
`Canada and has the exclusive marketing rights in Europe.
`
`AHP has agreed "in principle" to the deal, sources close to the negotiations told Reuters.
`
`The deal could also meet some resistance from Amgen’s shareholders, which may balk at the rich price for Immunex.
`
`"I don’t see why it makes sense," said Judith Miller, portfolio manager for the John Hancock health care fund, which
`owns stock in Amgen and American Home Products. "Immunex doesnt have the product pipeline, the management
`talent, the research and development.”
`
`

`
`But Amgen is willing to pay at least one—quarter of the price for Immunex in cash, with the rest in stock. Discussions
`have been taking place for several weeks, and an agreement could be announced in coming days.
`
`Amgen’s shares closed down $4.20, or 6.55, to $60.19 Thursday after news of the talks was reported on financial
`network CNBC. Shares of Immunex jumped $2.51, or 10.3%, to $26.96.
`
`In addition to Enbrel, which treats the painful and potentially crippling joint condition known as rheumatoid
`arthritis, Immunex also specializes in research for cancer and immune system treatments. The firm has research
`ventures with firms such as Celera Genomics and Abgenix. Enbrel, however, faces competition from Remicade, which
`is made by a unit of Johnson & Johnson and was recently approved by the Food and Drug Administration.
`
`But lmmunex’s products would make a nice complement to Amgen’s. Based in Thousand Oaks, Calif., Amgen’s top
`products include a drug to fight anemia, Epogen; an immune system stimulator, Neupogen; and a treatment for hepatitis
`C called Infergen.
`
`LOAD—DATE: December 14, 2001
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`

`
`Copyright 2001 The Washington Post
`
`The Washington Post
`
`December I4, 2001 Friday
`Final Edition
`
`SECTION: FINANCIAL; Pg. E03
`
`LENGTH: 377 words
`
`HEADLINE: Speculation Lifts Immunex Shares
`
`BYLINE: Justin Gillis, Washington Post Staff Writer
`
`BODY:
`
`Shares of Immunex Corp., a Seattle company known for one of the most successful biotechnology drugs ever to hit
`the market, jumped more than 10 percent yesterday on rumors of an impending buyout by Amgen Inc.
`
`Neither company confirmed the rumors, reported separately by the CNBC cable channel and by Bloomberg News,
`and some analysts said they were skeptical that any such transaction would make financial sense for Amgen. That
`company ’s shares fell 7 percent yesterday on the reports.
`
`If it did happen, a deal would give Amgen, already the nation’s largest biotechnology company, a hot drug to treat
`rheumatoid arthritis, a market Amgen has been trying to penetrate. However, Immunex shares are already trading at a
`premium compared to other biotechnology companies, so a buyout would likely be costly to Amgen.
`
`"I’m not sure the synergies in their therapeutic focus would be enough to drive a deal of this magnitude," said Eric
`Schmidt, an analyst at S.G. Cowen Securities Corp.
`
`Immunex makes Enbrel, an injectable drug that treats rheumatoid arthritis by blocking inflammation. The drug is
`approaching $1 billion a— year in sales, a magic number that has drawn the envy of many people in the drug and
`biotechnology industries. S.G. Cowen has projected that Enbrel could hit more than $3 billion in sales by 2005, which
`would make it one of the more successful drugs ever developed.
`
`Patients with rheumatoid arthritis have told of throwing away their walkers and rising from their wheelchairs because
`the drug has been so helpful. In fact, it’s such a hit that Immunex’s biggest problem has been making enough of it.
`
`American Home Products Corp., a huge drugmaker, has bought more than 40 percent of Immunex and the companies
`are retrofitting a factory in Rhode Island to make extra supplies of Enbrel. The plant is scheduled to be completed late
`next year. Any potential buyout by Amgen, of Thousand Oaks, Calif., would have to involve American Home Products.
`
`The companies declined comment or did not return calls seeking comment. "Our policy today and always is not to
`comment on market rumors,” said Jeff Richardson, a spokesman for Amgen.
`
`

`
`Immunex shares yesterday closed at $26.96, up $2.51, while Amgen shares fell $4.20 to close at $60.19.
`
`LOAD~DATE: December 14, 2001
`
`

`
`Copyright 2001 The Seattle Times Company
`The Seattle Times
`
`November 12, 2001, Monday Fourth Edition
`
`SECTION: ROP ZONE; Business; Pg. C2
`
`LENGTH: 522 words
`
`HEADLINE: Immunex readies another big pitch
`Doctors to get more details about Enbrel
`
`BYLINE: Luke Timmerman; Seattle Times business reporter
`
`BODY:
`
`Immunex won’t have the stage to itself at its most important medical meeting of the year, but it will bring clinical data
`designed to wow doctors.
`
`Immunex will be vying for the attention of 8,000 rheumatologists today through Thursday at the annual American
`College of Rheumatology meeting in San Francisco. At the same meeting three years ago, Immunex made a splash as
`Enbrel was first approved for rheumatoid arthritis.
`
`Now Immunex is trying to show the people who prescribe its drug that there are better things to come. Clinical
`investigators there will present long—term data on Enbrel safety and effectiveness, and new Enbrel data on treating
`psoriatic arthritis and ankylosing spondylitis, painful autoimmune diseases related to rheumatoid arthritis.
`
`There will be 175 other companies and exhibitors jockeying at the meeting, including top Immunex competitors such
`as Johnson & Johnson, Amgen and Abbott Laboratories.
`
`"This is a major meeting where data is presented to the rheumatology community," said Immunex spokeswoman
`Robin Shapiro. "It’s the one time of year when everybody’s in one place."
`
`Immunex is hoping doctors like its data on psoriatic arthritis. Clinical investigators will be reporting that 59 percent of
`l0l psoriatic arthritis patients showed some improvement after three months of treatment with Enbrel, compared with
`15 percent of patients showing improvement with a placebo.
`
`The results are important to Immunex because it has been granted a "priority review" from the Food and Drug
`Administration. Immunex officials are hoping for FDA approval in January, which could open a door to 300,000 new
`patients.
`
`Immunex data will also be presented for ankylosing spondylitis, a painful inflammatory disease that affects 300,000
`patients.
`
`lmmunex’s Phase II clinical data showed that 80 percent of 20 patients taking Enbrel showed some improvement in
`duration of morning stiffness, nighttime spinal pain, swollen joints and other symptoms. A Phase III trial with more
`patients was started last month, Shapiro said.
`
`

`
`lmmunex’s top competitor, Johnson & Johnson, will present data on its drug, Remicade, which treats rheumatoid
`arthritis and Crohn’s disease. Johnson & Johnson was forced by the FDA to add a warning label about Remicade’s link
`to tuberculosis in August, and it recently failed in trials for congestive heart failure. It has been closing the gap in sales
`with Enbrel throughout this year because Immunex hasn’t been able to keep up with demand.
`
`Immunex’s other longtime rival, Amgen, will present data on its drug for rheumatoid arthritis, Kineret. It works by
`blocking a protein that leads to inflammation. Enbrel works differently, by soaking up a different protein that causes
`inflammation.
`
`Amgen’s clinical trials show Kineret is effective in 35 to 40 percent of patients, compared with 70 percent who are
`helped by Enbrel. But because it works on different proteins, it is thought to be effective for patients who aren’t helped
`by Enbrel. Kineret is under review by the FDA.
`
`Luke Timmerman can be reached at 206-515-5644 or ltimmerman£seattletimes.com.
`
`LOAD—DATE: July 18, 2003
`
`

`
`Copyright 2001 The Seattle Times Company
`The Seattle Times
`
`October 18, 2001, Thursday Fourth Edition
`
`SECTION: ROP ZONE; Business; Pg. C2
`
`LENGTH: 526 words
`
`HEADLINE: Popular Enbrel helps Immunex fit the bill
`Earnings / Biotechnology
`
`BYLINE: Luke Timmerman; Seattle Times business reporter
`
`BODY:
`
`There are two key questions stock watchers have about Immunex, just as they did last quarter: How much Enbrel
`is it selling, and when will it be able to make a lot more?
`
`The answers haven’t changed much in the last quarter. Immunex is still on track to sell $750 million of Enbrel
`through the end of this year, and it is scrambling to open its Rhode Island manufacturing plant in the second half of
`2002.
`
`Immunex’s third-quarter earnings also havent changed much. They were on target with analysts’ expectations of 7
`cents a share.
`
`The Seattle biotech company had a profit of $39.7 million, or 7 cents a share, up 25.9 percent from $31.5 million, or 6
`cents a share, in the year—ear1ier period. Third—quarter sales totaled $253 million, up 15.5 percent from $219 million.
`
`The lion’s share of the latest quarter’s sales, $198 million, came from Enbrel. A year ago, Immunex sold $172
`million of Enbrel.
`
`Immunex released its financial results after the market closed. In after-hours trading, the stock rose 77 cents to
`$22.11 after closing the regular trading session at $21.34, down $1.84. Immunex stock climbed 5.2 percent in the last
`quarter.
`
`has convinced some analysts it is
`Biotech stocks generally have performed well in the past month, and Immunex
`finding ways to make more Enbrel. It also has gotten more investor exposure by being added to the Standard & Poor’s
`500 index.
`
`"We delivered on our revenue expectations, including those for Enbrel,
`Phillips, Immunex chief operating officer.
`
`in a unique supply situation," said Peggy
`
`"We’ve also made considerable progress toward new-product and new—indication opportunities."
`
`Immunex’s top competitor, Johnson & Johnson, announced a 16 percent jump in third-quarter profit, based partly on
`sales of Remicade, its treatment for rheumatoid arthritis and Crohn’s disease.
`
`

`
`But Remicade was dealt a small setback in the quarter, when the Food and Drug Administration (FDA) required the
`company to add a warning label about the drug’s possible link to tuberculosis.
`
`Soon after, Immunex got a boost when the FDA granted it an accelerated six-month review of Enbrel’s safety and
`effectiveness for treating psoriatic arthritis.
`
`That approval could swell Enbrel’s potential customer base by 300,000 patients. About 1 million are considered
`candidates now.
`
`Immunex also is pinning its growing ambitions on clinical data showing Enbrel works well for patients with
`severe forms of psoriasis.
`
`If Enbrel proves safe and effective for psoriasis, psoriatic arthritis and other diseases, Immunex expects Enbrel
`to crack $4 billion in sales by 2005, which would make it one of the best—selling drugs in the world.
`
`For next year, the company is projecting $900 million to $1.3 billion in Enbrel sales.
`
`"All these things combined are giving more people confidence that Enbrel is and will be for a long time the leading
`drug in its category and a leader in a whole range of diseases," said Andrew Heyward, a biotech analyst with Ragen
`MacKenzie.
`
`Luke Timmerman can be reached at 206-515-5644 or ltimmerman£seattletimes.c0m.
`
`GRAPHIC: chart; The Seattle Times: lmmunex's results hit target — chart not available electronically
`
`LOAD—DATE: July 18, 2003
`
`

`
`Copyright 2001 The Seattle Times Company
`The Seattle Times
`
`September 18, 2001, Tuesday Fourth Edition
`
`SECTION: ROP ZONE; Business; Pg. C2
`
`LENGTH: 252 words
`
`HEADLINE: New use of arthritis drug to get speedy FDA review
`
`BYLINE: Bloomberg News
`
`BODY:
`lmmunex said yesterday that the U.S. Food and Drug Administration (FDA) has agreed to speed regulatory review of
`its top—selling rheumatoid-arthritis drug Enbrel for expanded use in psoriatic arthritis.
`
`The FDA has agreed to Immunex’s request for a "priority review," meaning the agency will act on the company’s
`application for the drug’s expanded use within six months instead of the customary 12 months.
`
`Immunex filed its application July 16.
`
`Seattle-based Immunex has marketed Enbrel since 1998 as a treatment for rheumatoid arthritis, generating sales
`last year of $652 million. The company is working to expand the market for the drug to psoriatic arthritis, a
`complication of the chronic skin disorder psoriasis, which can lead to inflammation and destruction of the joints.
`
`About 300,000 people in the U.S. have psoriatic arthritis. If successful, Enbrel could be the first FDA—approVed
`product for treating the disorder, the company said.
`
`The additional indication could help Immunex achieve its goal next year of $1 .3 billion in Enbrel sales, the
`company has said.
`
`Immunex shares fell $1.82, or 10 percent, to $16.19 yesterday.
`
`Separately, Standard & Poor’s said it will add lmmunex to the S&P 500 index after the close of trading Thursday to
`replace Tosco, which was acquired by Phillips Petroleum.
`
`Shares of companies that are added to the S&P 500 typically rise because managers of funds that track the index need
`to buy the shares for their portfolios.
`
`LOAD—DATE: July 18, 2003
`
`

`
`Copyright 2001 The Seattle Times Company
`The Seattle Times
`
`September 11, 2001, Tuesday Fourth Edition
`
`SECTION: ROP ZONE; Business; Pg. C3
`
`LENGTH: 285 words
`
`HEADLINE: Immunex organizing sales team for Enbrel
`
`BYLINE: Luke Timmerman; Seattle Times business reporter
`
`BODY:
`
`Immunex is gearing up to sell its rheumatoid-arthritis drug as fast as its new manufacturing plant will be able to churn
`it out.
`
`The company, which has not been able to make enough Enbrel to keep up with demand, will devote a new sales force
`to Enbrel by next year.
`
`Immunex has about 100 workers to sell its other drugs, Leukine and Novantrone, but has relied on about 100
`salespeople from its partner, Wyeth—Ayerst Laboratories, to sell Enbrel.
`
`The new sales crew will be led by Barry Labinger, a veteran of marketing at pharmaceutical giant Bristol Myers
`Squibb who was promoted to senior vice president and general manager of sales and marketing.
`
`Now that Immunex is angling for regulatory approval of Enbrel for psoriatic arthritis and psoriasis, it needs
`another sales force to handle dermatologists, Chief Operating Officer Peggy Phillips said.
`
`She also said the move is another step toward becoming a company that does everything from research and
`development through sales.
`
`"For us to have a sales force is a natural evolution as we look to expand into additional markets," Phillips said.
`
`Immunex has been working hard to pry open those markets.
`
`In the past few weeks, it has begun a TV advertising campaign urging people with rheumatoid arthritis to ask their
`doctor about Enbrel. Immunex executives said they hope the ads will entice 200,000 more customers beyond the
`70,000 that already get Enbrel.
`
`For next year, Immunex expects to translate increased patient interest into Enbrel sales of between $900 million
`and $1.3 billion, up from a projected $750 million this year.
`
`Luke Timmerman can be reached at 206-515-5644 or ltimmerman£seattletimes.com.
`
`LOAD-DATE: July 18, 2003
`
`

`
`Copyright 2001 The Seattle Times Company
`The Seattle Times
`
`August 26, 2001, Sunday Fourth Edition
`
`SECTION: ROI’ ZONE; News; Pg. Al
`
`LENGTH: 2049 words
`
`HEADLINE: Immunex seeks genie in a bottle
`
`BYLINE: Luke Timmerrnan; Seattle Times business reporter
`
`BODY:
`
`BIOTECH COMPANY tries to ramp up the supply of its successful drug while developing entirely new ones.
`
`Ed Fritzky maneuvered his Porsche into a gas station, but he wasn’t thinking about pumping gas. The fate of his
`company, his job and at least $500 million was at stake in a room a continent away.
`
`He filled the tank, his ear glued to a cell phone. He was listening to Peggy Phillips handicap how the scientific crew
`had done before a Food and Drug Administration (FDA) advisory panel.
`
`Fritzky was still talking when he started the engine and drove off. He heard a loud snap and looked back. The car had
`ripped the nozzle off the pump.
`
`Three years later, as his company celebrates 20 years of survival, Fritzky’s pressures are no less intense. Immunex’s
`ability to move forward depends on how deftly it exploits Enbrel, one of its few discoveries from the 1980s that
`panned out.
`
`Many in biotech say Seattle-based Immunex still has some of the world’s best scientists, but turning their research into
`reality and profits depends on persuading fickle investors to be patient for 20 or 30 years. And all the while, biotech
`companies around the country will have Immunex under a microscope.
`
`It’s been a remarkable journey for a company founded by two immunologists who wanted to find the cure for cancer.
`Immunex scientists worked together to create the company’s one success, Enbrel, but so far have failed to find
`treatments for cancer, AIDS, heart failure or asthma.
`
`Those failures defined Immunex until Enbrel. The drug was approved in November 1998 to treat rheumatoid
`arthritis. Doctors called it a breakthrough for up to 1 million people in pain, and Immunex stock rose so much that it
`was briefly worth more than Boeing last year.
`
`But as Immunex struggles to grow from creative start-up to mature business, it is showing biotechs that science isn’t
`enough: Marketing and manufacturing are just as vital. With a shortage of its single smash hit, Enbrel, and no other
`promising drugs ready to market, Immunex stock fell 60 percent this year, leaving the company less money to spend
`on research.
`
`That leaves Immunex again fighting to survive.
`
`

`
`"Drug companies are only as good as their next product,“ said Steve Gillis, a co—founder. " Enbrel is a big deal, no
`question, but it’s very important that
`lmmunex be able to point to its pipeline and say, ’Here’s our next home run or
`triple.’ You cant get by on singles."
`
`Birth of the ’Immunoids’
`
`Gillis and Christopher Henney were researchers at the Fred Hutchinson Cancer Research Center, leading the world in
`researching hormones that regulate the immune system, when they decided to turn their scientific moxie into a business
`enterprise.
`
`Henney was 40 and a tenured professor. Gillis was 28 and epitomized a jeans—and—T—shirt, hard-work culture. They led
`the research. Stephen Duzan, a Seattle businessman, was hired as chief executive to raise money.
`
`Gillis became a sort of spiritual leader to young immunologists, biochemists and molecular biologists recruited from
`around the world. They called themselves "Immunoids" and earned the nickname "lmmunex University."
`
`Gillis led with a blend of scientific passion and a "Far Side" sense of humor. He teased scientists who screwed up in
`the lab, awarding them the "Pons & Fleischmann award for achievement in dubious science" named after researchers
`who thought they had discovered cold fusion.
`
`"It was a very productive time for science," said David Urdal, an early biochemist. "I’m not really sure when the
`connection hit on lmmunex becoming a business."
`
`But pressure was being felt higher up. Duzan, the money guy, insisted lmmunex would be a "fully integrated
`pharmaceutical company" with manufacturing, sales and marketing. Scientists mostly ignored the spiel.
`
`Early defeats
`
`Translating science to business proved tougher than a bunch of Ph.D.s thought. Duzan couldnt attract or satisfy Wall
`Street and admits to being "pugnacious." Bob Kupor, an early lmmune