Friday, Apr 6, 1990

Genentech Wins Key t-PA Patent Cases in U.S. Federal Court

Wilmington, Del. -- April 6, 1990 --

Genentech, Inc. today won decisions in all matters of the t-PA patent and antitrust litigation pending with The Wellcome Foundation and Genetics Institute. A jury in the U.S. District Court of Delaware found that Wellcome and Genetics Institute infringed three Genentech t-PA patents and upheld the validity and enforceability of those patents, but did not award any monetary damages.

The jury denied Wellcome's antitrust claims against Genentech as well as Genetics Institute's claim of unfair competition.

Genentech began marketing Activase®, t-PA, a heart attack treatment, in 1987. Genentech brought a patent infringement suit against Wellcome and its subsidiaries, including Burroughs-Wellcome, and Genetics Institute in 1988. In turn, Wellcome brought an antitrust action against Genentech and Genetics Institute filed an unfair competition suit against Genentech.

"This verdict is a major victory for Genentech, but an even greater one for the biotechnology industry because it signals that such patents will provide meaningful protection for biotechnology innovations and the important research discoveries," said G. Kirk Raab, president and chief executive officer.

Based on today's decision, Genentech expects to file with the court for an injunction to prevent Wellcome from marketing their form of t-PA and Genetics Institute from marketing their second generation t-PA in the United States.

# # #