SmithKline Beecham Corp. has agreed to ensure thatadvertising comparing its clot-busting drug, Eminase, withtissue plasminogen activator, will now specify the type of t-PAbeing compared.
Last week, Genentech Inc. of South San Francisco, Calif., sued tostop SKB from stating or implying that the results of the ISIS-3study compare Eminase with Genentech's version of t-PA, tradenamed Activase.
District Court Judge Lowell Jensen, ruling in San Francisco lateThursday, said any hardship to Genentech had been mitigatedby SKB's agreement to differentiate between Genentech'salteplase version of t-PA and duteplase, an unapproved form oft-PA used in the ISIS-3 trials comparing clot-busting drugs.
"In light of these concessions," the judge wrote, "the possibilityof confusion based on misstatement or misrepresentation" hasbeen "substantially eliminated."
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