Filing of Lawsuit on Patent Infringement Concerning Herceptin® Injection, and a Petition for Provisional Disposition Order

On September 8, 2017 Chugai Pharmaceutical Co., Ltd. reported that it has filed a lawsuit to the Tokyo District Court as of August 17, and has also filed a petition for provisional disposition order, demanding the suspension of manufacturing and distribution of the biosimilar of anti-HER2 monoclonal antibody Herceptin Injection 60 and 150 (Herceptin Injection), against Nippon Kayaku Co., Ltd., the applicant for approval of the biosimilar of Herceptin Injection, citing such party’s infringement of the application patent owned by Genentech Inc., a member of the Roche group, as the ground (Press release, Chugai, SEP 8, 2017, View Source [SID1234520405]).

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Genentech is a patent holder and Chugai is the exclusive licensee of Herceptin Injection. Both are the co-plaintiff of the lawsuit.

Herceptin Injection is an anti-cancer agent, using anti-HER2 monoclonal antibody trastuzumab (genetical recombination), which Genentech Inc. has created. Herceptin Injection is indicated for the treatment of breast cancer that overexpresses HER2, and advanced or recurrent gastric cancer overexpressing HER2 not amenable to curative resection.

As a company that aims to provide innovative drugs, we regard intellectual property rights that protect products and technologies resulted from research and development as a very important asset. Chugai will deal rigorously with any acts that violate them, including taking legal actions.

There is no impact on Chugai’s financial prospects for this matter at this stage.