GENENTECH, INC. v. NOVARTIS PHARMA AG

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
GENENTECH, INC.,
Petitioner,
v.
NOVARTIS PHARMA AG,
Respondent.
Case No. 25-cv-1783 (CRC)
ORDER
The matter before the Court is Petitioner Genentech, Inc.’s (“Genentech”) Petition to
Recognize and Enforce Foreign Arbitral Award for an order and judgment recognizing and
enforcing the final, binding arbitration award (the “Final Award”) against Respondent Novartis
Pharma AG (“Novartis”) rendered on April 14, 2025.
Upon review of Petitioner’s [1] Petition to Recognize and Enforce Foreign Arbitral
Award, Respondent’s [24] Response to Petition to Recognize and Enforce Foreign Arbitral
Award, and Petitioner’s [25] Reply in Further Support of Petition to Recognize and Enforce
Foreign Arbitral Award, it is hereby
ORDERED that the Final Award in its entirety is recognized and enforced pursuant to 9
U.S.C. § 207. It is further
ORDERED that judgment is entered in favor of Genentech and against Novartis in
accordance with the Final Award in its entirety, including but not limited to:
(i) 	DECIDING AND DECLARING that Vabysmo® (faricimab) is not a Licensed
Product under the License and Collaboration Agreements (“LCAs”);
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(ii) 	CONCLUDING that the fragment that is licensed under the LCAs is the stand
alone ranibizumab: Vabysmo® (faricimab), or the VEGF-binding arm thereof, are
not covered by the LCAs;
(iii) 	DENYING Novartis’s claim that Genentech has breached and will continue to
breach the LCAs by encroaching on Novartis’ exclusive Territory, including by
seeking regulatory approval of, using, selling, importing, and/or promoting
Vabysmo® in countries outside the United States;
(iv) 	ORDERING Novartis to pay to Genentech the costs it incurred for the arbitration,
including attorneys’ fees, which amounts Novartis has paid, as follows:
a. 	US$ 584,250 for the advance on the fees and expenses of the arbitrators and
the ICC administrative expenses fixed by the Court;
b. 	US$ 17,255,928.62 for the reasonable legal and other costs incurred for the
arbitration;
c. 	interest on these amounts at the rate of 9% annually from the date of the Final
Award until full and final payment, subject to any order by an enforcement
court applying its own rules to post-judgment interest.
SO ORDERED.
CHRISTOPHER R. COOPER
United States District Judge
Date: 	October 13, 2026
Case 1:25-cv-01783-CRC Document 26 Filed 10/13/26 Page 2 of 2