Friday, Jan 21, 1994

Genentech Files Suit against Tanox Biosystems

Company claims "Cabilly Patent" infringed and files declaratory judgement in U.S. District Court in Texas

South San Francisco, Calif. -- January 21, 1994 --

Genentech, Inc., (NYSE: GNE) announced it has filed suit against Tanox Biosystems, Inc., for infringing its pioneering "Cabilly Patent" that covers antibody technology related to chimeric immunoglobulin compositions, expression vectors and methods. The patent suit encompasses all of Tanox's infringing activities, including development efforts for antibodies to IgE, a protein central to allergic responses.

The company also filed a request for a declaratory judgement that it has not breached any agreement between it and Tanox. In seeking the judgement, Genentech rejected Tanox's recent claims that Genentech breached a 1989 confidentiality agreement and materials transfer agreement which were written to consider possible collaborative development of an anti-lgE antibody with Tanox. Genentech's suit also asserts that the information and materials critical to proceeding with independent development of anti-lgE were already in its possession or otherwise legally obtained.

Genentech, Inc. is a pioneering biotechnology company that discovers, develops, manufactures and markets human pharmaceuticals for significant unmet 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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