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Genentech Announces ITC Decision, Files Suit against Novo-Nordisk and Bio-Technology General Corporation

Strategic Insights

— 2 min read

Genentech, Inc. has announced that the International Trade Commission (ITC) has voted not to review the ruling by its Administrative Law Judge that Genentech's case against Novo-Nordisk and Bio-Technology General Corporation (BTG) be dismissed. The ITC took no position on the ITC Judge's findings that certain Genentech patents were valid and infringed by Novo-Nordisk and BTG. Genentech is considering an appeal of the ITC decision to the Court of Appeals for the Federal Circuit. The case involves two of the three technologies that were at issue in the recent settlement with Eli Lilly and Company, which included a $145 million payment.

Key Takeaways:

  • The ITC voted not to review the ruling by its Administrative Law Judge that Genentech's case against Novo-Nordisk and Bio-Technology General Corporation (BTG) be dismissed.
  • The ITC Judge's findings that certain Genentech patents were valid and infringed by Novo-Nordisk and BTG will not be reviewed.
  • Genentech is considering an appeal of the ITC decision to the Court of Appeals for the Federal Circuit.
  • The case involves two of the three technologies that were at issue in the recent settlement with Eli Lilly and Company, which included a $145 million payment.
  • Genentech has filed suit in federal district court against Novo-Nordisk and BTG, citing confidence in a favorable ruling.
  • Genentech is confident that documents not considered by the ITC Judge will not affect the outcome of the case in federal court.
  • The documents in question were made available to Eli Lilly and Company prior to its decision to settle with Genentech.
  • The ITC Judge recommended dismissal as a sanction because Genentech initially delayed in providing certain documents to Novo-Nordisk and BTG.
  • Genentech did not produce the documents initially because it believed they were protected by the attorney-client privilege.
  • Genentech is a biotechnology company involved in the research, development, manufacture and marketing of human pharmaceuticals that meet significant unmet medical needs.
  • The company remains committed to providing its products to patients who need them regardless of their ability to pay.
  • Since the creation of its Uninsured Patients Program in 1985, Genentech has supplied over $130 million of Protropin(R) (somatrem for injection) and Nutropin(R) (somatropin rDNA origin for injection) free to growth deficient children in the United States.

Statistics:

  • Genentech has supplied over $130 million of Protropin(R) (somatrem for injection) and Nutropin(R) (somatropin rDNA origin for injection) free to growth deficient children in the United States since 1985.
  • The case involves two of the three technologies that were at issue in the recent settlement with Eli Lilly and Company, which included a $145 million payment.

Sources:

  • Business Wire, "Genentech, Inc. Announces ITC Decision, Files Suit Against Novo-Nordisk and Bio-Technology General Corporation", January 17, 1995
  • Genentech, Inc. press release, "Genentech to Consider Appeal of ITC Decision"

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