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Keywords

statuteinjunctionpatent

injunctionpatentdeclaratory judgment

Related Cases

Bio-Technology General Corp. v. Genentech, Inc., 80 F.3d 1553, 64 USLW 2655, 38 U.S.P.Q.2d 1321

Facts

Manufacturer of human growth hormone (hGH) which used recombinant DNA techniques brought action against assignee of two patents relating to hGH, seeking declaratory judgment that patents were invalid, unenforceable, and not infringed by manufacturer.

Issue

Whether BTG's process for producing hGH infringes Genentech's patents and whether the preliminary injunction was warranted.

Rule

Analysis

The court analyzed BTG's process and determined that it fell within the literal scope of Genentech's patents. The court found that BTG's product, although initially biologically inactive, was still considered hGH under the patent claims. The court also rejected BTG's defenses regarding substantial preparation and the grandfather clause, concluding that BTG did not engage in substantial and continuous sales or preparations prior to the effective date of the relevant statute.

Conclusion

The court affirmed the preliminary injunction in favor of Genentech, concluding that BTG's process infringed Genentech's patents and that Genentech would suffer irreparable harm without the injunction.

Affirmed.

Who won?

Genentech prevailed in this case as the court upheld the preliminary injunction against BTG. The court found that Genentech had established a reasonable likelihood of success on the merits of its infringement claim, and that BTG's defenses lacked merit. The court emphasized that Genentech would suffer irreparable harm if the injunction were not granted, and that the balance of hardships favored Genentech, thus justifying the injunction.

Genentech prevailed in this case as the court upheld the preliminary injunction against BTG.

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Keywords

Related Cases

Genentech, Inc. v. Novo Nordisk A/S, 108 F.3d 1361, 42 U.S.P.Q.2d 1001

Weinberger v. Romero-Barcelo, 456 U.S. 305, 102 S.Ct. 1798, 72 L.Ed.2d 91, 17 ERC 1217, 12 Envtl. L. Rep. 20,538

Gillman v. Stern, 114 F.2d 28, 46 U.S.P.Q. 430

Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F.Supp. 1116

Intermedics, Inc. v. Ventritex, Inc., 822 F.Supp. 634, 27 U.S.P.Q.2d 1641