Bloomberg News

J&J Sues Rival Boehringer Ingelheim Over Arbitration Dispute (1)

September 09, 2013

Johnson & Johnson (JNJ:US) sued a unit of rival drugmaker Boehringer Ingelheim Gmbh over whether a dispute about an agreement must be heard by an arbitrator.

Officials of New Brunswick, New Jersey-based J&J, the world’s biggest seller of health-care products, want a Delaware judge to force Boehringer’s U.S. subsidiary to submit a contract dispute to arbitration, according to court filings. The actual complaint in the case was filed under seal today.

J&J is seeking a “preliminary injunction in aid of arbitration of breach of contract,” according to the case’s cover sheet, which was publicly filed.

Jennifer Forsyth, a U.S.-based spokeswoman for Boehringer, didn’t immediately return a call for comment on the suit. Kellie McLaughlin, a spokeswoman for J&J’s Alza Corp. unit, declined to comment on the case in a telephone interview.

The closely held Boehringer, based in Ingelheim, Germany, won U.S. approval in July for a lung-cancer therapy designed to work with a gene test that pinpoints which patients will best respond to the medication. Lung cancer is the leading cause of U.S. cancer deaths, according to the American Cancer Society.

J&J’s suit seeking to enforce the arbitration agreement was filed under seal in Delaware Chancery Court in Wilmington. Other filings in the case outlined the general nature of the suit.

Doxil Shortage

J&J and Boehringer have done business in the past in connection with the cancer medicine Doxil. Boehringer’s Ben Venue Laboratories factory in Bedford, Ohio, produced the drug for J&J, the Wall Street Journal newspaper reported in 2011.

Last year, J&J officials faced a shortage of Doxil after Boehringer officials shut down production at the Ohio plant in the wake of regulators’ concerns about product quality. J&J officials said in April 2012 they were planning to transfer the manufacturing of the cancer drug to another supplier.

The Delaware case is Alza Corp. v. Boehringer Ingelheim USA Corporation, 8877, Delaware Chancery Court (Wilmington).

To contact the reporter on this story: Jef Feeley in Wilmington, Delaware, at jfeeley@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net


Monsanto vs. GMO Haters
LIMITED-TIME OFFER SUBSCRIBE NOW

(enter your email)
(enter up to 5 email addresses, separated by commas)

Max 250 characters

Companies Mentioned

  • JNJ
    (Johnson & Johnson)
    • $106.04 USD
    • 0.32
    • 0.3%
Market data is delayed at least 15 minutes.
 
blog comments powered by Disqus