Amgen Presses Case Involving Anemia Drug

Thousand Oaks-based biotech giant Amgen Inc. asked an arbitrator to invalidate an agreement by which Johnson & Johnson obtained rights to Procrit, an anemia drug that is one of J&J;’s top-selling products. The two companies squared off in Chicago before Frank McGarr, an arbitrator who is considering requests from both sides that he make a quick ruling on the matter without a drawn-out trial. It’s not clear when McGarr will respond to the demands for summary judgment after a meeting in which both firms presented their cases. Amgen charges J&J; violated the 1985 agreement under which it got rights to Procrit by intentionally selling the drug for use in treating kidney-dialysis patients in the U.S., a market for which Amgen has exclusive rights.