Friday, Sep 6, 2002

Genentech Wins Patent Dispute With Chiron

South San Francisco, Calif. -- September 6, 2002 --

Genentech, Inc. (NYSE: DNA) today announced that a United States District Court jury in Sacramento found unanimously (10-0) in favor of Genentech that all the claims of Chiron’s patent asserted against Genentech are invalid.  Chiron sued Genentech for alleged infringement of a Chiron patent by Genentech’s metastatic breast cancer drug, Herceptin®(Trastuzumab).  Because Genentech won the dispute, it is not required to pay any royalties to Chiron.

“We are very pleased that the jury agreed with Genentech that Chiron’s patent is not valid,” said Arthur D. Levinson, Ph.D., chairman and chief executive officer at Genentech.  “It was Genentech scientists and our collaborators who invented Herceptin.  We spent many years and several hundred million dollars on research and development to get Herceptin into the hands of women with the most serious form of breast cancer. Genentech has brought its innovative biotech treatments to more than one million people, and we will continue to dedicate ourselves to developing breakthrough therapies for people with unmet medical needs.”

Genentech argued in the case that Herceptin does not infringe any valid, enforceable claims in a Chiron patent.  The case was submitted to the jury on September 5, 2002 after a 16-day trial in the United States District Court in Sacramento.  The jury deliberated for only a day and a half before reaching a verdict.

Genentech is a leading biotechnology company that discovers, develops, manufactures and commercializes biotherapeutics for significant unmet medical needs.  Fifteen of the currently approved biotechnology products originated from or are based on Genentech science.  Genentech manufactures and commercializes ten biotechnology products directly in the United States.  The company has headquarters in South San Francisco, California, and is traded on the New York Stock Exchange under the symbol DNA.

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