Three years after the University of Pennsylvania accused Roche of infringing its intellectual property related to breast cancer medications, the dispute has been resolved just weeks before a scheduled jury trial.
The lawsuit, filed by Penn in 2022 in the U.S. District Court for Delaware, claimed that Roche and its Genentech unit had infringed on an expired patent for methods of tumor treatment developed at the university’s Abramson Cancer Center.
As part of the settlement, the case has been dismissed with prejudice, meaning neither party can refile their claims. This decision was confirmed in a ruling filed Friday. The case had been set to go before a jury on March 31, according to Bloomberg Law.
The resolution came shortly after Federal Judge Jennifer Hall issued an order to pause the case, pending the fulfillment of certain obligations outlined in the settlement agreement. The parties were required to file a stipulation of dismissal or provide an update by March 24.
Genentech confirmed to Fierce Pharma on Friday that the dispute had been “amicably resolved,” but declined to comment further on the specifics of the settlement.
Penn’s lawsuit involved its ‘558 patent, granted in 2009, which covers a treatment method for ErbB protein-mediated tumors. The university alleged that Roche’s four breast cancer drugs—Herceptin, Herceptin Hylecta, Perjeta, and Phesgo—infringed on this patent by using the same method to treat tumors.
The university’s legal team argued that Roche was “willfully blind” to its patent rights and that the company must have been aware of the patent due to attempts to block similar patents in Europe. Penn was originally seeking damages and ongoing licensing fees from Roche for the alleged infringement.