Judge Rules Genentech Drug Violates Patent

Genentech Inc.’s breast cancer drug Herceptin, which had sales of $346.6 million last year, infringes a patent held by Chiron Corp., a federal judge in Sacramento has ruled.

The Monday ruling sends the case to a trial in August. A jury will decide whether the Chiron patent is valid and if Genentech willfully infringed it, which would result in triple damages..

Emeryville, Calif.-based Chiron sued Genentech in June 2000, alleging that Herceptin infringed 25 claims of a 31-claim patent issued in April 2000.

South San Francisco-based Genentech said in court papers it independently developed Herceptin in the mid-1980s. The Food and Drug Administration approved the drug to treat breast cancer in 1998 after years of clinical trials.

Genentech shares rose 45 cents to $34.45 on the Big Board, while Chiron rose $1.17 to $35.75 on Nasdaq.