On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN) was dismissed without prejudice after U Penn advised the Court that the parties had entered into a binding settlement. The trial of the matter was to begin in the Northern District of California today, June 11, 2012. Details of the settlement do not appear to be publicly available.
The Court had recently denied a series of competing summary judgment motions in the proceeding, a brief overview of which we previously reported on here.
A copy of the Order dismissing the proceeding may be found here.