Genentech and Shanghai Henlius Biotech Settle Perjeta® Biosimilar BPCIA Litigation

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On January 30, 2026, the Court ordered Genentech / Hoffmann-La Roche and Shanghai Henlius Biotech / Organon’s stipulated dismissal of Case No. 2:25-cv-14648 (D.N.J.) due to a settlement agreement between the parties.  The case, a BPCIA litigation filed in August 2025 (previously reported Genentech Files First BPCIA Litigation Against Perjeta® (pertuzumab) Biosimilar Applicant), alleged infringement of 24 patents by Poherdy® (pertuzumab-dpzb), an interchangeable biosimilar of Perjeta® (pertuzumab), approved by the FDA in November 2025 (previously reported FDA Approves First Perjeta® Biosimilar: Shanghai Henlius Biotech / Organon’s Poherdy®).  The Court filings did not give any details about the terms of the settlement agreement.

This case was the only pending patent proceeding related a Perjeta® biosimilar, and there are currently no pending publicly announced aBLAs for Perjeta® biosimilars.

Roche reported U.S. sales of approximately $1.486B USD (1.345B CHF) for Perjeta® in 2024.

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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. Attorney Advertising.

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