Genentech and Biogen Idec Have Filed for a Re-hearing of U.S. Court of Appeals Decision in the Arzerra Patent Infringement Case
May 17 2013 - 5:51AM
Company Announcement
- Genentech and Biogen Idec have filed for re-hearing in
the United States
Genmab A/S (Copenhagen:GEN) announced
today that Genentech and Biogen Idec have filed
for a re-hearing en banc (i.e. before all judges of the court) in
the appeal case, where the U.S. Court of Appeals
for the Federal Circuit recently upheld the U.S. District Court's
judgment in favor of GlaxoSmithKline (GSK). The appeal
case relates to a patent infringement case involving Arzerra®
brought against GSK by Genentech and Biogen Idec.
Genentech and Biogen Idec claim that the decision from the US
court of appeals announced on April 16, 2013 in favor of GSK was
against court precedent and request the US court of appeals to
reconsider the case. The court of appeals will now decide whether
to grant the rehearing. Genentech and Biogen Idec originally filed
the lawsuit in 2010 in the U.S. District Court for the Southern
District of California claiming that Arzerra infringed U.S. Patent
No. 7,682,612 covering methods of treating Chronic Lymphocytic
Leukemia (CLL) with CD20 antibodies. GSK denied infringement and
claimed the patent was invalid and unenforceable. An initial
judgement by the court in favor of GSK in December 2011 was
subsequently appealed by Genentech and Biogen Idec. In April 2013
the US court of appeals upheld the original decision by the US
district court in favor of GSK. About Genmab
A/S Genmab is a publicly traded, international
biotechnology company specializing in the creation and development
of differentiated human antibody therapeutics for the treatment of
cancer. Founded in 1999, the company's first marketed
antibody, ofatumumab (Arzerra®), was approved to treat chronic
lymphocytic leukemia in patients who are refractory to fludarabine
and alemtuzumab after less than eight years in
development. Genmab's validated and next generation antibody
technologies are expected to provide a steady stream of future
product candidates. Partnering of innovative product
candidates and technologies is a key focus of Genmab's strategy and
the company has alliances with top tier pharmaceutical and
biotechnology companies. For more information visit
www.genmab.com.
Contact:
Rachel Curtis Gravesen, Senior Vice President, Investor Relations
& Communications T: +45 33 44 77 20; M: +45 25 12 62 60; E:
r.gravesen@genmab.com
This Company Announcement contains forward looking statements.
The words "believe", "expect", "anticipate", "intend" and "plan"
and similar expressions identify forward looking statements. Actual
results or performance may differ materially from any future
results or performance expressed or implied by such statements. The
important factors that could cause our actual results or
performance to differ materially include, among others, risks
associated with pre-clinical and clinical development of products,
uncertainties related to the outcome and conduct of clinical trials
including unforeseen safety issues, uncertainties related to
product manufacturing, the lack of market acceptance of our
products, our inability to manage growth, the competitive
environment in relation to our business area and markets, our
inability to attract and retain suitably qualified personnel, the
unenforceability or lack of protection of our patents and
proprietary rights, our relationships with affiliated entities,
changes and developments in technology which may render our
products obsolete, and other factors. For a further discussion of
these risks, please refer to the risk management sections in
Genmab's most recent financial reports, which are available on
www.genmab.com. Genmab does not undertake any obligation to update
or revise forward looking statements in this Company Announcement
nor to confirm such statements in relation to actual results,
unless required by law.
Genmab A/S and its subsidiaries own the following trademarks:
Genmab®; the Y-shaped Genmab logo®; the DuoBody™ logo; HuMax®;
HuMax-CD20®; DuoBody®, HexaBodyTM and UniBody®. Arzerra® is a
trademark of GlaxoSmithKline.
Company Announcement no. 23 CVR no. 2102 3884
Genmab A/S Bredgade 34E 1260 Copenhagen K Denmark
Attachments:
23 arzerra patent infringement case_uk_170513.pdf