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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) April 21, 1994
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CENTOCOR, INC.
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(Exact name of registrant as specified in its charter)
Pennsylvania 0-11103 23-2117202
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(State or other juris- (Commission file (IRS Employer
diction of incorporation) number) Identification No.)
200 Great Valley Parkway, Malvern, Pennsylvania 19355
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code (215) 651-6000
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Not applicable
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(Former name or former address, if changed since last report)
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Item 5. Other Events.
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On April 21, 1994, Genentech,Inc. ("Genentech") filed a patent
infringement suit against the Registrant in the United States District Court
for the Northern District of California. In its complaint, Genentech alleges
that certain of the Registrant's activities related to recombinant
immunoglobulin preparations constitute infringement of U.S. patent 4,816,567
which issued to Genentech on March 28, 1989. A press release issued by
Genentech on April 21, 1994, stated that the suit encompasses CentoRx(R), a
product being developed by the Registrant to treat or prevent the formation of
blood clots in the cardiovascular system. The Registrant believes that its
activities do not infringe valid claims, if any, of U.S. Patent 4,816,567, and
intends to defend vigorously the allegations in the suit.
Item 7. Financial Statements and Exhibits.
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(c) Exhibits:
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(99) Complaint for Patent Infringement, Genentech, Inc. v.
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Centocor, Inc., CA C94-1879, filed April 21, 1994 (N.D.CA.)
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(Exhibit A to the Complaint is not filed with this Current
Report on Form 8-K.)
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SIGNATURES
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Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
CENTOCOR, INC.
Registrant
Dated: May 4, 1994 By: /s/ George D. Hobbs
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George D. Hobbs
Vice President, Corporate Counsel
and Secretary
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LYON & LYON
A Partnership Including
COE A. BLOOMBERG
A Professional Corporation
MICHAEL J. WISE
JEFFREY P. WALL
611 West Sixth Street, 34th Floor
Los Angeles, California 90017
(213) 489-1600
Attorneys for Plaintiff
GENENTECH, INC.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
GENENTECH, INC., )
a Delaware Corporation, ) Case No. C94-1879
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)
Plaintiff )
)
v. ) COMPLAINT FOR PATENT
) INFRINGEMENT
CENTOCOR, INC. )
a Pennsylvania Corporation )
) DEMAND FOR JURY TRIAL
Defendant )
For its cause of action against Defendant, Plaintiff alleges as
follows:
I. Parties
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1. Plaintiff, Genentech, Inc. (hereinafter "Genentech"), is a corporation
organized and existing under the laws of the State of Delaware, having its
principal place of business at 460 Point San Bruno Boulevard, South San
Francisco, California 94080.
2. Defendant, Centocor, Inc. (hereinafter "Centocor") upon information and
belief, is a corporation organized and
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existing under the laws of the State of Pennsylvania, having its principal place
of business at 200 Great Valley Parkway, Malvern, Pennsylvania 19355-1307.
II. Jurisdiction and Venue
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3. This Court has subject matter jurisdiction over this action under the
provisions of 28 U.S.C. (S) 1338(a) and 28 U.S.C. (S)1331, and venue is proper
in this judicial district under 28 U.S.C. (S) 1400(b) and 28 U.S.C. (S)(S)
1391(b) and (c).
III. Centocor's Patent Infringement
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4. U.S. Patent No. 4,816,567 (the "'567 Patent") was duly and lawfully
issued to Genentech on March 28, 1989, for recombinant immunoglobin
preparations, by assignment from the inventors, Shmuel Cabilly, Herbert L.
Heyneker, William E. Holme, Arthur D. Riggs, and Ronald B. Wetzel. The patent
was issued for a term of 17 years, remains in full force and effect, and is
now owned by Genentech. A true and complete copy of the '567 Patent is
attached as Exhibit A to this Complaint.
5. Upon information and belief, Centocor had actual and constructive
notice of the '567 Patent and has made, used and sold, and continues to make,
use and sell, recombinant immunoglobin preparations which fall within the scope
of the claims of the '567 patent. Upon information and belief, Centocor has
sold and used, and continues to sell and use in this judicial district and
throughout the United States recombinant immunoglobin preparations which fall
within the scope of the claims of the '567 Patent.
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6. Centocor's unauthorized manufacture, use and sale of recombinant
immunoglobin preparations falling within the scope of the '567 Patent
constitutes infringement of said patent in violation of 35 U.S.C. (S) 271 to the
substantial and irreparable injury of Genentech.
7. Upon information and belief, Centocor's infringing recombinant
immunoglobin preparations were manufactured, used and sold with full knowledge
of Genentech's '567 patent. Centocor's infringement of the '567 Patent is
calculated, willful and wanton commending the award of exemplary damages under
35 U.S.C. (S) 284, and making this case "exceptional" within the meaning of 35
U.S. (S) 285, to justify the award to Genentech of damages up to three times the
amount found or assessed, costs, interest and the attorney's fees incurred by
Genentech in this action.
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DEMAND FOR JUDGMENT
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WHEREFORE, Genentech respectfully prays for Judgment that:
1. Centocor be adjudged and decreed to have infringed the '567 Patent.
2. Centocor, its agents, servants, officers, directors, employees,
attorneys, privies, successors, assignees and all who act in concert or
participation with them be enjoined preliminarily and permanently from further
infringement of the '567 Patent.
3. Centocor be ordered to pay Genentech all damages sustained by
Genentech, and account for all profits made as a result of their unlawful acts
pursuant to 35 U.S.C. (S) 284 and that such amounts be trebled.
4. This is an exceptional case under 35 U.S.C. (S) 284.
5. Genentech be awarded its costs, expenses, costs in excess of taxable
costs, interest, and attorney's fees in this action.
6. Genentech have such other and further relief as the Court may deem
appropriate.
LYON & LYON
A Partnership Including
COE A. BLOOMBERG
A Professional Corporation
MICHAEL J. WISE
JEFFREY P. WALL
Dated: April 21, 1994 By: /s/ Coe A. Bloomberg
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Coe A. Bloomberg
Attorneys for Plaintiff
GENENTECH, INC.
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DEMAND FOR JURY TRIAL
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Plaintiff Genentech hereby demands trial by jury of all issues herein.
LYON & LYON
A Partnership Including
COE A. BLOOMBERG
A Professional Corporation
MICHAEL J. WISE
JEFFREY P. WALL
611 West Sixth Street
34th Floor
Los Angeles, California 90017
Dated: April 21, 1994 By: /s/ Coe A. Bloomberg
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Coe A. Bloomberg
Attorneys for Plaintiff
GENENTECH, INC.
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