Genentech and Dr. Reddy’s Settle BPCIA Litigation Against Proposed Rituxan Biosimilar DRL_RI

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On April 10, 2024, the Court granted Plaintiffs Genentech, Hoffmann-La Roche, and Biogen and Defendants Dr. Reddy’s and Fresenius Kabi’s joint stipulation of dismissal due to settlement in Case No. 1:23-cv-22485 (D.N.J.) related to Dr. Reddy’s and Fresenius Kabi’s proposed Rituxan® (rituximab) biosimilar DRL_RI.

The Complaint, which was filed in November 2023, alleged infringement of 15 patents (See BPCIA Complaint Against Proposed Rituxan® Biosimilar DRL_RI Filed) by DRL_RI, which the subject of a pending aBLA, accepted by FDA in July 2023.  The parties have not publicly disclosed the terms of their settlement agreement.  This was the only pending patent proceeding related to a Rituxan® biosimilar.

Once approved and launched, DRL_RI will join three other Rituxan® biosimilars in the U.S. market, including Celltrion and Teva’s Truxima® (rituximab-abbs), Pfizer’s Ruxience® (rituximab-pvvr), and Amgen and Allergan’s Riabni™ (rituximab-arrx).

Rituxan® had worldwide sales of approximately $1.78 billion USD in 2023.

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The author would like to thank April Breyer Menon for her contributions to this article.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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