Genentech Sues Pfizer Over Herceptin Patents

Share

Genentech has filed suit in Delaware federal court claiming that Pfizer will infringe or induce infringement of 40 Genentech patents on its breast cancer drug Herceptin (trastuzumab) by proceeding with its aBLA for a biosimilar to Herceptin. Genentech says Pfizer notified it 11/17 under the Biologics Price Competition and Innovation Act that it intended to market its Herceptin biosimilar in the U.S.

“Plaintiffs thus seek a judgment that Pfizer’s submission of the aBLA to obtain approval to engage in the commercial manufacture, use, offer to sell, or sale of the Pfizer aBLA product prior to the expiration of the Genentech patents described below infringes those patents…,” the suit says. “Plaintiffs also seek a permanent injunction barring Pfizer’s manufacture, use, offer to sell, sale, or importation of its biosimilar product prior to the expiration of those patents. In the event that Pfizer launches its biosimilar product prior to the expiration of those patents, plaintiffs also seek monetary damages, including lost profits, and any further relief as this court may deem just and proper.”

Genentech was joined in the suit by City of Hope, Duarte, CA, described as a leading research hospital that incorporates cutting-edge research into patient care for cancer, diabetes, and other serious diseases.

Read more