J&J, Merck postpone Remicade ruling to 2011

We won't find out what happens to Merck's disputed Remicade rights until next year.

We won't find out what happens to Merck's disputed Remicade rights until next year. The drugmaker's fight with Johnson & Johnson has been prolonged, leaving the open question of whether Schering-Plough lost its share in the blockbuster arthritis drug when it merged with Merck last year.

The initial arbitration hearing with J&J is over. But now, both companies will have the chance to submit new briefs to the three-judge panel and to make their cases at a final meeting in December. Previously, Merck had thought the panel would decide within 20 days of the first hearing. Now, J&J spokesman Bill Price says it will probably come during the first half of next year.

J&J started the fight last year after Merck agreed to combine with Schering-Plough in a deal designed to avoid triggering change-in-control provisions of the Remicade partnership. Under that deal, either partner would lose its rights to Remicade--and its successor drug Simponi--if it experienced