Genentech motion for injunction denied

Bio-Technology General (BTGC) said the U.S. Court of Appeals for the Federal Circuit denied DNA 's motion for an injunction against BTGC pending the outcome of DNA's appeal relating to its patent covering a method for producing recombinant human growth hormone (rHGH). In January, the U.S. District Court for the Southern District of New York found DNA's patent (U.S. Patent No. 4,601,980) invalid in a suit filed by BTGC. Based on the denial of the injunction, BTGC and partner Teva (TEVA) will be able to market BTGC's Bio-Tropin rHGH in the U.S. pending resolution of a dispute between BTGC and Serono Laboratories (Norwell, Mass.), BTGC said. The dispute relates to a 1998 co-promotion agreement covering Serono's Saizen rHGH product. Serono contests BTGC's termination of the agreement and is asserting that a non-compete provision of that agreement should be continued. ...