BioCentury
ARTICLE | Company News

Court reinstates Genentech hGH patent

October 8, 2001 7:00 AM UTC

Bio-Technology General (BTGC) said the U.S. Court of Appeals for the Federal Circuit reinstated U.S. Patent No. 4,601,980 from DNA covering a method for producing recombinant human growth hormone (hGH), and thus reinstated a preliminary injunction against BTGC's hGH product made by a particular process. In January 2000, the U.S. District Court for the Southern District of New York found DNA's U.S. Patent No. 4,601,980 invalid in a suit filed by BTGC.

BTGC said the appeals court did not rule on whether BTGC infringes the reinstated patent. BTGC said it has never used DNA's expression system for manufacturing hGH for sale in the U.S., and added that it has developed a new expression system. BTGC plans to use this new system to supply hGH to partner Teva (TEVA) for U.S. sales of hGH. BTGC expects the hGH product, Tev-Tropin, to be launched in the U.S. in 2002. ...