Johnson & Johnson has lost its injunction to prevent Amgen providing sales discounts on its top-selling drug Aranesp for anemia.
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A US district court denied the injunction brought by a unit of Johnson & Johnson, Ortho Biotech. The company claims that Amgen’s discount prices are leading to failing sales of its anemia drug Procrit.
“We believe that Amgen does not engage in anti-competitive practices in the sale of Aranesp,” said David Scott, Amgen’s senior vice president. “We now look forward to vigorously defending our position in court.”
Amgen currently offers Aranesp at a discount price when it is bought as package with the drugs, Neupogen and Neulasta, which are designed to boost white blood cell counts and treat the side effects of chemotherapies.
J&J said it brought the injunction because Neupogen and Neulasta are the only drugs approved for this indication, unfairly forcing doctors to purchase Aranesp.
Amgen defended its pricing policy in a statement claiming that since Aranesp introduced competition more patients have been treated for their debilitating chemotherapy-induced anemia and prices have fallen.
Amgen is also involved in other litigation as it is attempting to block a rival anemia drug Cera, manufactured by Roche, which Amgen believes infringes its patents.
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