Thursday, Feb 28, 1991
South San Francisco, Calif. -- February 28, 1991 --Genentech, Inc. stated today that it was pleased to learn that SmithKline Beecham Corp. would no longer be using promotional materials that Genentech had challenged as false and misleading under the Lanham Act.
Genentech had filed a lawsuit on Monday, February 25, with respect to a series of Beecham ads implying that a forthcoming clinical trial of heart attack drugs compared Beecham's product, Eminase®, to Genentech's Activase® alteplase. In fact, the trial, known as ISIS-3, did not involve Activase, but instead used a non-human version of t-PA (duteplase), that has not been licensed for use anywhere in the world and that is chemically different from Activase.
During the course of a hearing this morning, Beecham represented to the court that the offending ads that triggered the lawsuit would no longer be used. Instead, Beecham displayed new promotional materials that state that ISIS-3 involved duteplase, and admit that it is not licensed in this country. Under the circumstances, the judge indicated that no temporary restraining order would be necessary at this time.
John McLaughlin, Genentech's general counsel, stated: "Since the lawsuit appears to have caused Beecham to drop the false and misleading ads, we have largely accomplished our objective."
From the bench after hearing two hours of arguments, U.S. District Judge Lowell Jensen said he thought both sides, Genentech and SmithKline Beecham, had made the point that neither was attempting to interfere with the proper debate about the results of ISIS-3.
Genentech, Inc. is a leading biotechnology company focusing on the development, manufacture and marketing of pharmaceuticals produced by recombinant DNA technology.
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