Thursday, Jun 27, 1996
South San Francisco, Calif. -- June 27, 1996 --Genentech, Inc. (NYSE: GNE) announced today that a United States District Court judge in New York granted Genentech's latest request for a preliminary injunction against Novo Nordisk and certain of its affiliates (Novo) to prohibit the sale or offer for sale of Novo's human growth hormone product (Norditropin®) in the United States until a full trial on the matter is concluded.
This is the second preliminary injunction that Genentech has obtained against Novo, based on claims that Novo infringes Genentech's U.S. patents that relate to the manufacture of human growth hormone. The first preliminary injunction was granted by the District Court in June 1995, but was later vacated by the U.S. Court of Appeals for the Federal Circuit in Washington, DC. The latest preliminary injunction is based on a recently issued U.S. patent that Genentech did not assert against Novo in the earlier proceedings.
"We are gratified by the Court's decision to grant a second preliminary injunction against Novo," said Stephen Raines, Genentech's Vice-President for Intellectual Property. "Our decision to seek a second preliminary injunction shows Genentech's determination to enforce its patents and how seriously Genentech regards the infringement of its patents. We believe this latest ruling by the Court further confirms our view that Novo's manufacture of human growth hormone infringes Genentech's patents."
Another preliminary injunction that Genentech obtained last year prevents Bio-Technology General Corporation and certain of its affiliates (BTG) from selling human growth hormone product in the U.S. In April 1996, the Court of Appeals upheld the injunction against BTG, and last month denied BTG's request for reconsideration of that decision.
A full trial on Genentech's claims of patent infringement against Novo and BTG will be held in the U.S. District Court in New York at a later date.
Genentech, Inc. is a leading biotechnology company that discovers, develops, manufactures, and markets human pharmaceuticals for significant unmet medical needs. The company is headquartered in South San Francisco, California and is traded on the New York and Pacific Stock Exchanges under the symbol GNE.
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