Monday, Oct 31, 1988

British Court of Appeals Rules in t-PA Patent Case

South San Francisco, Calif. -- October 31, 1988 --

Genentech, Inc. announced today that the British Court of Appeals has issued a decision unfavorable to Genentech in the Genentech-Wellcome recombinant t-PA litigation. Genentech is in the process of analyzing the complex and lengthy decision to determine whether the company will take an appeal to the House of Lords.

Genentech, which markets t-PA in North America under the trademark Activase®, does not market t-PA directly in Europe, where it has been licensed to Boehringer Ingelheim. The approval to market t-PA in the United Kingdom is pending.

"We do not believe that the British decision will have any impact on Genentech's t-PA patent position in the United States," commented Robert A. Swanson, Chief Executive Officer. "Decisions before patent courts are generally national in nature, and a decision rendered in the U.K. is not binding on nor would it serve as precedent before a U.S. court. Also, the U.S. Patent Office was aware of the existence of the British lower court decision at the time it issued Genentech's recombinant t-PA patent." Genentech has an additional U.S. patent directed to purified t-PA which was not part of the U.K. Iitigation.

Genentech is a leading biotechnology company focusing on the development, manufacture and marketing of pharmaceuticals produced by recombinant DNA technology.

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