Genentech, Inc. v. Novartis Pharma Ag

At a glance

Parties

Genentech, Inc. (Petitioner) v. Novartis Pharma AG (Respondent)

Case no.

Case No. 25-cv-1783 (CRC) (Civil Action No. 2025-1783)

Court

United States District Court for the District of Columbia; Judge Christopher R. Cooper

Underlying award(s)

Final Award of 14 April 2025 in an ICC arbitration under the License and Collaboration Agreements (LCAs)

Forum and rules

Petition to recognize and enforce a foreign arbitral award under 9 U.S.C. § 207; underlying arbitration administered by the ICC

Treaty

Contract: License and Collaboration Agreements (LCAs) between Genentech and Novartis

Sector

Pharmaceuticals; biologics licensing (ophthalmology antibodies)

Outcome

Petition granted: the Final Award is recognized and enforced in its entirety, and judgment is entered for Genentech (13 October 2026).

Amount

Arbitration costs awarded to Genentech: USD 584,250 (advance on arbitrators' fees and expenses and ICC administrative expenses) and USD 17,255,928.62 (legal and other costs), plus 9% annual interest from the date of the Final Award. The order states that Novartis has paid these amounts.

The dispute

Genentech and Novartis are parties to License and Collaboration Agreements (LCAs) under which a licensed antibody fragment, stand-alone ranibizumab, is covered and Novartis holds an exclusive Territory. Novartis claimed that Genentech had breached the LCAs, and would continue to breach them, by encroaching on that Territory. It alleged that Genentech did so by seeking regulatory approval of, using, selling, importing and promoting Vabysmo® (faricimab) in countries outside the United States. An ICC tribunal issued a Final Award on 14 April 2025 declaring that Vabysmo® is not a Licensed Product and denying Novartis's breach claim. Genentech then petitioned the District Court to recognize and enforce the award. Novartis filed a response and Genentech a reply. The order does not set out their arguments.

Key holdings

1. The Final Award is recognized and enforced in its entirety under 9 U.S.C. § 207. Judgment is entered for Genentech and against Novartis in accordance with the award. Order, p. 1
2. The judgment incorporates the award's declaration that Vabysmo® (faricimab) is not a Licensed Product under the LCAs. Order, p. 1, item (i)
3. The fragment licensed under the LCAs is stand-alone ranibizumab. Neither Vabysmo® (faricimab) nor its VEGF-binding arm is covered by the LCAs. Order, p. 2, item (ii)
4. Novartis's claim is denied. It had alleged that Genentech breached the LCAs by encroaching on Novartis's exclusive Territory through regulatory approval, use, sale, import or promotion of Vabysmo® outside the United States. Order, p. 2, item (iii)
5. Novartis pays Genentech's arbitration costs, including attorneys' fees: USD 584,250 and USD 17,255,928.62, with interest at 9% a year from the date of the Final Award until payment. The interest is subject to any enforcement court's own rules on post-judgment interest. The order notes that Novartis has paid these amounts. Order, p. 2, item (iv)

Procedural history

1. 14 April 2025The ICC tribunal renders its Final Award in favour of Genentech.
2. 2025Genentech files its Petition to Recognize and Enforce Foreign Arbitral Award (Civil Action No. 2025-1783). Novartis later files a response and Genentech a reply.
3. 13 October 2026Judge Christopher R. Cooper grants the petition, recognizes and enforces the Final Award in its entirety, and enters judgment for Genentech.

Tribunal, counsel and experts

Decided by

• Christopher R. Cooper Judge, District Court for the District of Columbia — appointed by a court

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Keywords

• recognition and enforcement
• foreign arbitral award
• 9 U.S.C. § 207
• ICC arbitration
• Vabysmo
• faricimab
• ranibizumab
• VEGF
• license and collaboration agreement
• licensed product
• exclusive territory
• pharmaceutical licensing
• attorneys' fees
• arbitration costs
• post-award interest
• Genentech
• Novartis

Summary generated with AI from the published documents — refer to the award for the authoritative text.