Wednesday, Jun 28, 1995
South San Francisco, Calif. -- June 28, 1995 --Genentech, Inc. (NYSE: GNE) announced that a United States Federal District Court judge in New York today granted Genentech's request for a preliminary injunction against Bio-Technology General Corporation and certain of its affiliates (BTG) to prohibit the sale or offer for sale of BTG's human growth hormone product (Bio-Tropinreg.) in the United States.
The preliminary injunction states that it will be in effect pending final determination of the action. Genentech claims that BTG infringes Genentech's U.S. patents that relate to the manufacture of human growth hormone.
On June 28, the U.S. Federal District Court granted Genentech's request for a preliminary injunction against Novo Nordisk A/S and certain of its affiliates (Novo) to prohibit the sale or offer for sale of Novo's human growth hormone product (Norditropinreg.) in the United States. Novo's request for a stay of the injunction against it was denied by the judge this week.
A full trial on Genentech's claims of patent infringement against BTG and Novo will be held in the U.S. District Court in New York at a later date.
Earlier in the litigation involving BTG, the judge dismissed with prejudice BTG's claims against Genentech that did not concern patent validity and infringement and also dismissed with prejudice all of BTG's claims against Genentech's outside lawyers. The dismissed claims included claims for malicious prosecution, abuse of process, unfair competition, and antitrust violations. The dismissed claims had been the basis of a $100 million damages claim by BTG against Genentech and its outside counsel.
"We are very pleased with the preliminary injunctions against BTG and Novo," said Stephen Raines, Genentech's vice president for Intellectual Property. "We have consistently maintained that our dispute with BTG and Novo is about patent infringement, and we believe that the judge's decision confirms our position. In granting the preliminary injunctions, the judge found that Genentech's patents are likely valid and infringed by both BTG and Novo."
This litigation follows an investigation begun in 1993 by the U.S. International Trade Commission (ITC) against BTG and Novo relating to human growth hormone. In that investigation, an Administrative Law Judge of the ITC found on an allegedly incomplete record that BTG's and Novo's manufacture of growth hormone infringed certain U.S. patents owned by Genentech. The ITC declined to take any action against BTG and Novo because of Genentech's delay in providing certain documents in the investigation. Genentech's appeal of the ITC decision is now pending in the Court of Appeals for the Federal Circuit, in Washington, DC.
Genentech, Inc. is a leading biotechnology company that discovers, develops, manufactures, and markets human pharmaceuticals for significant medical needs. The company has headquarters is South San Francisco, California and is traded on the New York and Pacific Stock Exchanges under the symbol GNE.
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