Genentech, Inc. Et Al V. Biogen Ma Inc. Et Al
Summary: This lawsuit involves a dispute between Genentech, Inc., Hoffmann-La Roche, Inc., and Chugai Pharmaceutical Co., Ltd. (collectively referred to as "Plaintiffs") and Biogen MA Inc. and Bio-Thera Solutions, Ltd. (collectively referred to as "Defendants"). The lawsuit centers around a patent infringement claim related to the drug Actemra® (tocilizumab), which is used to treat rheumatoid arthritis and other inflammatory diseases. Genentech, the licensed manufacturer and seller of Actemra®, has filed a lawsuit against Biogen, which is seeking FDA approval for a proposed biosimilar called "BIIB800" that is similar to Actemra®. The Plaintiffs allege that the Defendants' actions infringe on their patent rights. The lawsuit was filed in the United States District Court for the District of Massachusetts. The Plaintiffs argue that the court has jurisdiction over the case based on the patent laws of the United States and the Declaratory Judgment Act. They also claim that the court has personal jurisdiction over the Defendants because Biogen is incorporated in Massachusetts and Bio-Thera has availed itself of the benefits and protections of Massachusetts' laws. The Plaintiffs seek relief for patent infringement under Title 35 of the United States Code, Title 42 of the United States Code, and the Declaratory Judgment Act. They argue that the court has subject matter jurisdiction based on federal law. The lawsuit is based on the fact that Actemra® contains tocilizumab, a genetically engineered antibody that inhibits the activity of the cytokine interleukin 6 (IL-6). The Plaintiffs claim that the Defendants' proposed biosimilar, BIIB800, infringes on their patent rights. The lawsuit is ongoing, and the Plaintiffs have demanded a jury trial. The specific patents mentioned in the lawsuit include U.S. Patent Nos. 7,332,289; 7,521,052; 8,398,980; and others. Genentech seeks injunctive relief, damages, and other monetary relief under relevant sections of the U.S. Patent Act.
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