Thursday, Jul 29, 1993

Genentech Granted Permanent Injunction in Wellcome Litigation Over t-PA Patents

South San Francisco, Calif. -- July 29, 1993 --

Genentech, Inc. (NYSE: GNE) today announced that it has been granted a permanent injunction against the Wellcome Foundation and its related companies bringing to a close five years of litigation in the United States regarding the patents for Genentech's thrombolytic agent, tissue-plasminogen activator (t-PA).

"Genentech is very pleased to receive this permanent injunction, which closes the book on this long-standing dispute and illustrates Genentech's commitment to protecting the fruits of our research efforts by asserting our patents worldwide," said Stephen Raines, Genentech vice president of Intellectual Property.

In March of 1990, the U.S. District Court for the District of Deiaware had ruled in favor of Genentech declaring three of its patents for t-PA valid and infringed by Wellcome. The rulings were not appealed by Wellcome, and this permanent injunction prevents Wellcome from marketing t-PA in the United States until Genentech's patents expire in 2005.

Since the Genentech loss to Wellcome in the United Kingdom in 1988 in the first t-PA lawsuit, Genentech has successfully defended its European t-PA patent in an opposition brought by seven companies before the European Patent Office. The favorable opposition result, which is under appeal, provides Genentech with patent protection in all major European countries other than the United Kingdom. In addition, Genentech prevailed in a related t-PA patent case obtaining an injunction against Toyobo Co., Ltd., in Japan and as well in an opposition brought by 28 companies before the Japanese Patent Office.

Genentech, Inc. is a leading biotechnology company that discovers, develops, manufactures and markets human pharmaceuticals for significant medical needs. The company has headquarters in South San Francisco, California, and is traded on the New York and Pacific Stock Exchanges under the symbol GNE.

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