Victory for Amgen--and maybe for Roche, too. The California drug maker persuaded a judge to temporarily ban Roche's competing anemia drug Mircera in the U.S. But the judge also said he'd consider letting Roche sell the med under certain conditions.
Â
You'll recall that Roche got approval [1]Â late last year for the anemia fighter, which would compete with Amgen's Epogen and Aranesp and Johnson & Johnson's Procrit. But Roche was enjoined from launching the drug because of patent-infringement questions. Later, Roche offered Amgen 20 percent royalties on Mircera, but Amgen rejected the figure [2].
Apparently the judge agreed that 20 percent was too low: He suggested 22.5 percent. And he said that Roche would have to agree to set prices no higher than those for existing anemia drugs. Predictably, both sides balked. Amgen said making a deal would amount to "rewarding theft of intellectual property." And Roche said its original offer was "fair and aggressive;" it may appeal the ruling. In any case, the judge gave Roche three months to think over his offer.
Â
- check out the coverage [3] in Business Week
- read the story [4] at CNN Money
Related Articles:
Mircera--2007 FDA approvals. Report [1]
Amgen calls Roche 'snake-oil salesman.' Report [2]
Mircera gets FDA nod, but blocked by patent case. Report [5]
Roche: Patent ruling won't stop Mircera. Report [6]
Roche to Launch Mircera in UK and Germany. Report [6]
Links:
[1] http://www.fiercebiotech.com/special-reports/mircera-2007-fda-approvals
[2] http://www.fiercepharma.com/story/amgen-calls-roche-snake-oil-salesman-/2008-02-20
[3] http://www.businessweek.com/ap/financialnews/D8V3H86O1.htm
[4] http://money.cnn.com/news/newsfeeds/articles/djf500/200802281703DOWJONESDJONLINE001188_FORTUNE5.htm
[5] http://www.fiercebiotech.com/story/mircera-gets-fda-nod-blocked-patent-case/2007-11-15
[6] http://www.fiercepharma.com/story/roche-patent-ruling-stop-mircera/2007-08-29