Celltrion, Teva Suit Says Biosimilar Patent Claims Over-the-Top

Genentech Inc. included everything but the kitchen sink to claim a proposed biosimilar infringes its patents, Celltrion Inc. and Teva Pharmaceuticals USA Inc. said.

Genentech’s assertion that Celltrion’s proposed biosimilar of the blockbuster cancer drug Herceptin (trastuzumab) would infringe 40 of its patents is “simply intended to interfere with” a competitor reaching the market, according to a complaint filed by Celltrion and Teva in federal court. As part of “patent dance” procedures set out in the Biologics Price Competition and Innovation Act (BPCIA), Celltrion provided Genentech with manufacturing information about its proposed biosimilar, and Genentech provided a list of patents ...