Genentech Settles Rituximab Patent Dispute with Celltrion and Teva

On November 1, 2018, Genentech and its co-plaintiffs dismissed the lawsuits they brought against Celltrion and Teva under the BPCIA in the District of New Jersey, in which the plaintiffs alleged that Celltrion’s filing of an aBLA relating to Truxima®, Celltrion’s proposed biosimilar to Rituxan® (rituximab), infringed certain patents.  The stipulation of dismissal states that the parties “have entered into a settlement agreement, and mutually agree to voluntarily dismiss all claims and counterclaims asserted in this action without prejudice.”  Celltrion has also dismissed its Federal Circuit appeal of the PTAB’s final written decision finding that petitioner had not established that the claims of U.S. Patent No. 7,820,161 are unpatentable.