Genmab Announces that the Patent Infringement Lawsuit

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Genmab Announces that the Patent Infringement Lawsuit Relating to DARZALEX® is Over

Company Announcement

  • Genmab, Janssen and MorphoSys have agreed to end the patent infringement lawsuit launched by MorphoSys AG relating to DARZALEX
  • On January 25, 2019, a summary judgement decision ruled that the three MorphoSys patents were invalid
  • As a result of the agreement, MorphoSys will not appeal the summary judgement of invalidity and Genmab and Janssen will not pursue their inequitable conduct claim

              Copenhagen, Denmark; January 31, 2019 – Genmab A/S (Nasdaq Copenhagen: GEN) announced today that the patent infringement lawsuit launched by MorphoSys relating to DARZALEX ® is finally over.

As previously reported, on January 25, 2019, the U.S. District Court of the District of Delaware ruled that all three patents that MorphoSys had asserted against Genmab and Janssen Biotech, Inc. (Janssen) are invalid.  As noted at that time, Genmab and Janssen’s allegations that the patents were unenforceable for inequitable conduct remained to be resolved, and MorphoSys had the right to appeal the invalidity decision to the United States Court of Appeals for the Federal Circuit.

Today, MorphoSys dismissed its infringement claims with prejudice (for good), and Genmab and Janssen have, in turn, dismissed their inequitable conduct claims.  As such, there will be no further proceedings in the case. The case is now over. 

“Genmab is an antibody innovation powerhouse committed to conducting business in an ethical manner in accordance with our core values, and we are very pleased that this case is finally over and behind us,” said Jan van de Winkel, Ph.D., Chief Executive Officer of Genmab.

About Genmab Genmab is a publicly traded, international biotechnology company specializing in the creation and development of differentiated antibody therapeutics for the treatment of cancer.  Founded in 1999, the company has two approved antibodies, DARZALEX® (daratumumab) for the treatment of certain multiple myeloma indications, and Arzerra® (ofatumumab) for the treatment of certain chronic lymphocytic leukemia indications.  Daratumumab is in clinical development for additional multiple myeloma indications and other blood cancers.  A subcutaneous formulation of ofatumumab is in development for relapsing multiple sclerosis.  Genmab also has a broad clinical and pre-clinical product pipeline.  Genmab's technology base consists of validated and proprietary next generation antibody technologies - the DuoBody® platform for generation of bispecific antibodies, the HexaBody® platform, which creates effector function enhanced antibodies and the HexElect™ platform, which combines two co-dependently acting HexaBody molecules to introduce selectivity while maximizing therapeutic potency. The company intends to leverage these technologies to create opportunities for full or co-ownership of future products.  Genmab has alliances with top tier pharmaceutical and biotechnology companies.  For more information visit www.genmab.com .

Contact:           Rachel Curtis Gravesen, Senior Vice President, Investor Relations & Communications T: +45 33 44 77 20; E: rcg@genmab.com This Company Announcement contains forward looking statements. The words “believe”, “expect”, “anticipate”, “intend” and “plan” and similar expressions identify forward looking statements. Actual results or performance may differ materially from any future results or performance expressed or implied by such statements. The important factors that could cause our actual results or performance to differ materially include, among others, risks associated with pre-clinical and clinical development of products, uncertainties related to the outcome and conduct of clinical trials including unforeseen safety issues, uncertainties related to product manufacturing, the lack of market acceptance of our products, our inability to manage growth, the competitive environment in relation to our business area and markets, our inability to attract and retain suitably qualified personnel, the unenforceability or lack of protection of our patents and proprietary rights, our relationships with affiliated entities, changes and developments in technology which may render our products obsolete, and other factors. For a further discussion of these risks, please refer to the risk management sections in Genmab’s most recent financial reports, which are available on www.genmab.com . Genmab does not undertake any obligation to update or revise forward looking statements in this Company Announcement nor to confirm such statements to reflect subsequent events or circumstances after the date made or in relation to actual results, unless required by law. Genmab A/S and/or its subsidiaries own the following trademarks: Genmab ® ; the Y-shaped Genmab logo ® ; Genmab in combination with the Y-shaped Genmab logo ® ; HuMax ® ; DuoBody ® ; DuoBody in combination with the DuoBody logo ® ; HexaBody ® ; HexaBody in combination with the HexaBody logo ® ; DuoHexaBody™; HexElect™; and UniBody ® . Arzerra ® is a trademark of Novartis AG or its affiliates. DARZALEX ® is a trademark of Janssen Pharmaceutica NV.

Company Announcement no. 06 CVR no. 2102 3884 LEI Code 529900MTJPDPE4MHJ122

Genmab A/S Kalvebod Brygge 43 1560 Copenhagen V Denmark

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