Biogen And Berlex Officials Deposed

8 September 1996

A US District Judge has ordered the chief counsel for Biogen, Michael Astrue, and his counterpart at Berlex, Robert Chabora, be deposed concerning a May 21 meeting the two men attended to help the judge determine whether the lawsuit filed by Biogen against Berlex should be heard in Massachusetts (Marketletters passim), reports Reuters. Judge Mark Wolf ordered the depositions to determine if he or US District Judge John Bissell of Newark should preside over the case.

Biogen filed a suit against Berlex in May, which was followed by Berlex filing against Biogen in July. The battle involves allegations that the US Food and Drug Administration violated the Orphan Drug Law by allowing Biogen to sell its multiple sclerosis drug Avonex (interferon beta-1a). Berlex also charges that Avonex is so similar to its own product Betaseron (interferon beta-1b), that Biogen is infringing its patent.

Analysts are suggesting that Avonex has already cut into Betaseron's market share. In its quarterly report for the period ending June 30, Biogen said that it had earned $6.1 million from Avonex sales during the first six weeks on the market.

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