Genentech Says Prior Suit Bars HGS' Antitrust Claims

Law360, Los Angeles (September 19, 2011, 8:58 PM EDT) -- Genentech Inc. argued Monday in California federal court that a lawsuit lodged eight years earlier bars Human Genome Sciences' antitrust suit accusing the company of fraudulently trying to extend the lives of its patents on biotechnology used in HGS' lupus drug Benlysta.

Genentech told U.S. District Judge Mariana R. Pfaelzer that HGS' antitrust claims mirror a lawsuit MedImmune LLC brought against Genentech, which Judge Pfaelzer tossed in 2003. In the MedImmune decision, the judge ruled Genentech was protected from antitrust claims under the Noerr-Pennington doctrine because it...
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