Business briefs

to dismiss case about its conduct in China

SAN FRANCISCO — Yahoo Inc. has asked a U.S. judge to dismiss a lawsuit attacking the Internet icon for cooperating with China’s communist government, arguing the case is a meritless attempt to meddle in another country’s legal affairs.

The 40-page brief filed Monday in Oakland represented Yahoo’s first formal response to a 4-month-old lawsuit filed on behalf of two Chinese journalists serving 10-year prison sentences for engaging in pro-democracy efforts that the country’s authorities deemed subversive.

Sunnyvale-based Yahoo and its former subsidiary, Yahoo Hong Kong, helped the investigation by providing China’s authorities with personal information culled from the e-mail accounts and other online activities of the journalists, Wang Xiaoning and Shi Tao.

Echoing earlier public statements about the matter, Yahoo said its employees had little choice but to comply with China’s laws, even if the rules contradicted the United States’ constitutional right to free speech.

Seagate raises first

quarter earnings due

to higher demand

SCOTTS VALLEY— Hard disk drive maker Seagate Technology raised its outlook for its fiscal first quarter on Tuesday, due to favorable supply and demand conditions and a better product mix.

Seagate expects earnings per share of 57 cents to 61 cents on revenue of $3.15 billion to $3.25 billion for the three months ending Sept. 28.

Analysts polled by Thomson Financial expected, on average, earnings of 43 cents per share on revenue of $2.98 billion.

Earlier the company had predicted earnings per share of 35 cents to 39 cents on revenue of $2.9 billion to $3 billion. Seagate said it expects its gross profit margin to rise to 24 percent and operating costs to be higher than its earlier guidance due to compensation expenses.

Google chief financial officer to retire by end of year

SAN FRANCISCO — Google Inc.’s chief financial officer will retire by the end of the year, creating the most prominent job opening at the Internet search leader since it went public three years ago.

George Reyes’ departure as CFO, announced Tuesday, was unexpected — a development likely to stir speculation about his reasons for leaving a crucial job at one of the world’s most scrutinized companies.

Mountain View-based Google didn’t explain why Reyes, the company’s CFO since 2002, decided to retire at the age of 53. A Google spokesman declined a request to interview Reyes, who intends to remain on the job while he helps the company find his successor. The transition is expected to be completed before January.

Briefly ...

Court rules Roche infringes on an Amgen patent: A federal judge has ruled that Roche Holding AG’s Mircera anti-anemia drug infringes upon a patent held by Amgen Inc., Amgen said Tuesday, but a trial will still begin next week to decide whether Mircera infringes upon other Amgen patents.

Judge William Young in Boston granted Amgen’s motion for summary judgment that Mircera, which is undergoing U.S. regulatory review, violates an Amgen pharmaceutical composition patent. Amgen also alleges Mircera violates other patents.

Amgen, of Thousand Oaks, Calif., sells blockbuster anti-anemia drugs Aranesp and Epogen. It has alleged that Roche’s plan to sell Mircera in the U.S. would violate its patents. Roche has disputed these allegations, saying the Amgen patents are invalid and not infringed.

In a statement Tuesday, Switzerland-based Roche said it disagreed with the judge’s decision, but "the ruling does not determine the ultimate validity of any Amgen patents.”

Amgen said the court also granted a summary judgment in favor of Amgen on certain Roche defenses.

Roche has applied for Food and Drug Administration approval of Mircera as a treatment for anemia associated with chronic renal failure. The FDA issued an approvable letter for Roche’s Mircera application in May, which typically means the FDA wants more information before giving final approval.

Roche has previously indicated it would begin selling Mircera immediately upon approval, even if the patent dispute with Amgen isn’t yet resolved. The trial could run until mid-October.

Final FDA approval of Mircera could come after a scheduled Sept. 11 FDA meeting of outside experts to consider the risks and benefits of anti-anemia drugs in kidney-disease patients. Safety concerns have emerged that led the FDA to issue a stronger warning about the class of anti-anemia drugs earlier this year. The warning also applies to Johnson & Johnson’s Procrit.

Shares of Amgen rose 1.8 percent to $49.89 in after-hours trading after closing the regular session down 1.8 percent at $49.01.