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Amgen wins dialysis arbitration against J&J, awarded $150 million.


Amgen, Inc. (Thousand Oaks Thousand Oaks, residential city (1990 pop. 104,352), Ventura co., S Calif., in a farm area; inc. 1964. Avocados, citrus, vegetables, strawberries, and nursery products are grown. , CA) announced that an arbitrator has found that Johnson & Johnson (New Brunswick New Brunswick, province, Canada
New Brunswick, province (2001 pop. 729,498), 28,345 sq mi (73,433 sq km), including 519 sq mi (1,345 sq km) of water surface, E Canada.
, NJ) breached its license agreement with Amgen by promoting its brand of Epoetin alfa e·po·e·tin al·fa
n.
A recombinant preparation of human erythropoietin used to treat some forms of anemia.


epoetin alfa

Epogen, Eprex (CA) (UK), Procrit

Pharmacologic class:
, Procrit, into Amgen's reserved dialysis market. As a consequence, the arbitrator awarded Amgen $150 million in damages.

The arbitrator found that Johnson & Johnson's conduct was illegal, egregious, and indefensible. While he ruled that this conduct did not warrant termination of the license, he found that Amgen was entitled to substantial damages for Johnson & Johnson's breaches. Having established Johnson & Johnson's wrongful conduct Noun 1. wrongful conduct - activity that transgresses moral or civil law; "he denied any wrongdoing"
actus reus, misconduct, wrongdoing

activity - any specific behavior; "they avoided all recreational activity"
, Amgen will also apply to the arbitrator for reimbursement of its fees and costs, as the successful party in the arbitration.

"We are gratified grat·i·fy  
tr.v. grat·i·fied, grat·i·fy·ing, grat·i·fies
1. To please or satisfy: His achievement gratified his father. See Synonyms at please.

2.
 that the arbitrator ruled in our favor and vindicated our serious concerns about Johnson & Johnson's wrongful activities," said Kevin Sharer, Amgen's chairman and chief executive officer.

Under the 1985 license agreement between Amgen and Johnson & Johnson, Amgen licensed to Johnson & Johnson the exclusive right to promote and sell Procrit for non-dialysis use in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . Amgen retained the exclusive right to promote and sell its brand of Epoetin alfa, EPOGEN, for dialysis use in the United States. Amgen commenced arbitration proceedings in August 1995, claiming that Johnson & Johnson materially breached the agreement by promoting and selling Procrit for dialysis use.
Amgen
+1-805-447-3227
www.amgen.com
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Title Annotation:Johnson and Johnson
Publication:BIOTECH Patent News
Geographic Code:1USA
Date:Oct 1, 2002
Words:221
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