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 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.
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 in Business Week
Related Articles:
Mircera--2007 FDA approvals. Report
Amgen calls Roche 'snake-oil salesman.' Report
Mircera gets FDA nod, but blocked by patent case. Report
Roche: Patent ruling won't stop Mircera. Report
Roche to Launch Mircera in UK and Germany. Report