Amgen wins NESP arbitration

A three-judge arbitration panel ruled on Friday that Amgen Inc.'s novel erythropoiesis stimulating protein (NESP) is a different protein than its Epogen erythropoietin and does not fall under AMGN's 1985 license agreement for Epogen with partner Johnson & Johnson.

The binding decision, which cannot be appealed, allows AMGN to retain exclusive rights to develop NESP worldwide except in Japan and China, where Kirin Brewery Co. Ltd. has licensed the compound. J&J had argued that NESP and Epogen are similar enough that the 1985 agreement covered NESP as well. However AMGN (Thousand Oaks, Calif.) now will be free to develop the improved version in markets currently served by J&J's Procrit version of EPO...