AMGEN, INC. v. ORTHO PHARMACEUTICAL CORP.

No. 1-98-3287.

708 N.E.2d 385 (1999)

303 Ill. App.3d 370

236 Ill.Dec. 799

AMGEN, INC., Plaintiff-Appellee, v. ORTHO PHARMACEUTICAL CORPORATION, a Delaware Corporation, and Ortho Biotech, Inc., a New Jersey Corporation, Defendants-Appellants (Endispute, Inc., a Delaware Corporation; Judicial Arbitration and Mediation Services, Inc., a Delaware Corporation; and The American Arbitration Association, a New York Corporation, Defendants).

Appellate Court of Illinois, First District, Second Division.

March 2, 1999.


Attorney(s) appearing for the Case

Latham & Watkins, William J. Harte, Ltd., Chicago (William J. Harte and James G. Hunter, Jr., of counsel), for Appellant.

Reuben L. Hedlund, Marion B. Adler, Hedlund, Hanley & John, Chicago, for Appellee.


Justice COUSINS delivered the opinion of the court:

This is an appeal from an order of the circuit court granting summary judgment in favor of plaintiff, Amgen, Inc. (Amgen), and ordering arbitration of Amgen's claim for termination of the parties' product licensing agreement (PLA) before Endispute, Inc. (Endispute). On appeal, defendants, Ortho Pharmaceutical Corp. and Ortho Biotech, Inc. (collectively, Ortho), contend that the circuit court erred: (1) by deferring...

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