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 Northern District of California requesting a declaratory judgment of non-infringement, invalidity and unenforceability relating to 38 Herceptin patents and 37 Rituxan patents
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