azcentral.com
NULL
.
.
Chrome 2001
.
The Trusted Source InteliHealth Aetna InteliHealth Aetna InteliHealth
Enter Drug Name . Enter Search Term
     
. .
. .
.
Home
Health Commentaries
InteliHealth Dental
Drug Resource Center
Ask the Expert
Interactive Tools

InteliHealth Policies
Site Map

.
Diseases & Conditions Healthy Lifestyle Your Health Look It Up
Health News Health News
.
Associated Press

Merck, J&J Arbitration on Drug Rights Starts Soon
September 8, 2010

TRENTON, N.J. (AP) -- Drugmaker Merck & Co. said Tuesday that arbitration will begin in late September in its dispute with Johnson & Johnson over revenue from two blockbuster drugs for rheumatoid arthritis and other immune disorders.

The dispute arose when Merck bought Schering-Plough Corp., which has shared billions in revenue with J&J from Remicade and a successor drug, Simponi.

Merck structured its purchase of Schering-Plough as a reverse merger, meaning that Schering-Plough technically was the surviving corporation. That was an attempt to block change-of-control provisions in Schering's contract with J&J.

Johnson & Johnson has argued that those provisions are in force and that it is entitled to Schering-Plough's share of revenue from the drugs - roughly $2 billion a year - plus damages.

In May, J&J's biotech subsidiary Centocor informed Merck it was initiating an arbitration proceeding, as investors had expected. Both companies have kept mum about the dispute, but Merck's general counsel, Bruce Kuhlik, told analysts on a July 30 conference call he hoped to provide additional information soon.

In a filing with the Securities and Exchange Commission Tuesday, Merck said that the arbitration case would be heard in New York City by a panel of three former federal judges, whom it did not identify. The hearing is expected to last up to 12 business days and the panel is then expected to make a decision within 20 business days after that.

"We continue to believe very strongly that we've structured this transaction in a way that's appropriate for the Remicade distribution agreement," Kuhlik told analysts in July.

Merck wrote in the SEC filing that it is being represented by attorneys William Ohlemeyer, Scott Vernick and David Boies. Boies is the high-profile lawyer who represented former Vice President Al Gore in litigation over the results of the 2000 presidential election and was special counsel for the Justice Department in its antitrust suit against Microsoft.

Johnson & Johnson is being represented by the firm Patterson Belknap Webb & Tyler LLP, Merck reported Tuesday. J&J officials did not return a call seeking comment.

Merck noted the two companies could decide to resolve the dispute privately - an outcome some analysts have predicted - but that could mean a change in how the companies split proceeds from the drugs. J&J already gets the larger share, posting $4.3 billion in sales from Remicade alone last year; it did not report separate sales from then-new Simponi.

Merck bought Schering-Plough for $41 billion last November, one of several major pharmaceutical mergers in 2009. The deal was part of Merck's strategy to diversify by adding Schering's businesses in biologic drugs, veterinary medicine and consumer health products, plus several promising experimental drugs Schering-Plough has been testing.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

.
InteliHealth
. . . .
.
More News
InteliHealth .
.
General Health
Top News
This Week In Health
Addiction
Allergy
Alzheimer's
Asthma
Arthritis
Babies
Breast Cancer
Cancer
Caregiving
Cervical Cancer
Children's Health
Cholesterol
Complementary & Alternative Medicine
Dental / Oral Health
Depression
Diabetes
Ear, Nose And Throat
Environmental Health
Eyes
Family Health
Fitness
Genetics
Headache
Health Policy
HIV / AIDS
Heart Health
Lung Cancer
Medications
Infectious Diseases
Men's Health
Nutrition News
Mental Health
Multiple Sclerosis
Nutrition Guide
Parkinson's
Pregnancy
Prevention
Prostate Cancer
Senior Health
Sexual / Reproductive Health
Sleep
Tobacco Cessation
STDs
Stress Reduction
Stroke
Weight Management
Today In Health History
Women's Health
Workplace Health
.
.
.
.
InteliHealth

   
.
.  
This website is certified by Health On the Net Foundation. Click to verify.
.
Chrome 2001
Chrome 2001