This month, Ortho Biotech Products released a statement that it reached an agreement to settle its antitrust litigation with Amgen. In the litigation, Ortho Biotech argued that discounts offered to oncology clinics on the Amgen products, Aranesp®, Neupogen® and Neulasta®, violated antitrust laws.

The agreement states that, Amgen will give Ortho Biotech $200 million. After taxes, this is about $120 million dollars. This revenue is anticipated to be recorded in the results of operations for Johnson & Johnson for the third quarter of 2008.

According to sources, Ortho Biotech released a statement stating that their study clearly demonstrated that its Procit raised hemoglobin levels more than Amgen's Aranesp is a product manufactured by Amgen for cancer and anemia patients caused by chemotherapy.

It is evident that Ortho Biotech is happy with the results. The pending litigation in the New Jersey District Court is scheduled to be dismissed without prejudice. Ortho Biotech Products, L.P. is a biopharmaceutical company that is devoted to helping improve the lives of with cancer patients with anemia due to many causes, including chronic kidney disease. Pharmaceutical companies must be protected so that they will continue to produce life saving medications.

It is a fine balance to promote capitalistic behavior with the hope of offering the patient with the best possible prices. The pharmaceutical companies are considered, as being greedy. How often does the consumer, pause to think of how lucky they are to have clinical pharmacist working on new products which may extend their life or the life of a parent?

The FDA approved 40 new medications last month alone. All of these drugs goes through strict guidelines, contrary to popular belief. After approval, there is the prost production process. Of course there is marketing and advertising, but there is also extensive tracking, formula and labeling and sometimes the dreaded recall and crisis resolution with the necessary press releases.