Biosimilar Suits: Another Court To Rule On Declaratory Judgement Timing

Infringement suits have become routine, but Amgen’s, Celltrion’s and Teva’s suits against Genentech’s patents illustrate new trend by biosimilar sponsors to seek declaratory judgements of noninfringement.

For the second time, a biosimilar sponsor is seeking a declaratory judgment that it is not infringing Genentech Inc. patents. This time around, Celltrion Inc. and partner Teva Pharmaceuticals USA Inc. are trying to obtain a ruling they do not infringe patents covering Genentech's Herceptin (trastuzumab) and Rituxan (rituximab).

Celltrion and Teva filed a pair of complaints against Genentech on Jan. 11 in the US District Court for the...