November 19, 2002

An arbitrator recently denied a request by Amgen to terminate Ortho Biotech’s long-standing license to sell an anemia treatment, which is a top-selling drug of Ortho’s parent Johnson & Johnson. In a case tried before former federal Judge Frank J. McGarr over a four-month period, Amgen sought to terminate Ortho Biotech’s U.S. license and to recover damages of $1.24 billion. However, Judge McGarr not only upheld Ortho’s license but rejected nearly 90% of Amgen’s claimed damages.

A New York Times article on the matter noted that "Johnson & Johnson hailed the decision because it will retain the rights to Procrit, which accounted for $2.3 billion in sales last year."

Jenner & Block Partners Thomas P. Sullivan, Thomas J. McCarthy, and Mark D. Pollack led the team that secured the successful resolution, assisted by Partner David Jimenez-Ekman and Associates Robert J. Blazejowski, Chadwick O. Brooker, Gregory A. Fike, Sarah Hardgrove-Koleno, Darren H. Lubetzky, Jeffrey S. Silver, Seth A. Travis, David E. Walters, and Edward P. Zaengle.