Genentech Gets Injunction Against Novo Nordisk On Norditropin

A US District Court judge in New York has granted Genentech's latest request for a preliminary injunction against Danish firm Novo Nordisk and certain of its affiliates to prohibit the sale or offer for sale of Novo's human growth hormone Norditropin in the USA, pending a full trial on the matter (which it claims infringes its patents).

Novo Nordisk says the decision is "one step in a long and complicated case." Its position is that it will be determined "at the conclusion of the legal proceedings that the production of Norditropin does not infringe any patents and that the patents asserted against Novo Nordisk by Genentech will be found invalid and unenforceable." The Danish company also said that it believes that Genentech will be found to have violated US antitrust laws."

This is the second injunction that Genentech has been granted against Novo Nordisk; the first was in June 1995, but was later vacated by the US Court of Appeals. Genentech also has a preliminary injunction against Bio-Technology General and certain of its affiliates to prevent them selling their human growth hormone product in the USA. The Court of Appeals upheld the injunction against BTG in April of this year (Marketletter April 15).