Amgen lost the first round in its dispute with Johnson & Johnson and must pay that company's Ortho Pharmaceuticals unit $164 million in damages. Amgen had licensed Ortho to sell its drug erythropoietin for uses other than kidney failure, but an arbitrator ruled that it had failed to help Ortho secure needed FDA approvals. Amgen, though, has outstanding claims against Ortho. Amgen charges that Ortho violated an agreement to help it develop two other drugs.

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