-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JmyZQo2DMV+cdpDaOeleoiwjFaGBwIiX40DmAiqXmkGNxmq2BZ6UTbdPHV2XQJvl 19Mopilc7NfVOLLlz8CgCw== 0000891618-02-002867.txt : 20020620 0000891618-02-002867.hdr.sgml : 20020620 20020619164209 ACCESSION NUMBER: 0000891618-02-002867 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20020610 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20020619 FILER: COMPANY DATA: COMPANY CONFORMED NAME: GENENTECH INC CENTRAL INDEX KEY: 0000318771 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 942347624 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09813 FILM NUMBER: 02682463 BUSINESS ADDRESS: STREET 1: 1 DNA WAY CITY: SOUTH SAN FRANCISCO STATE: CA ZIP: 94080 BUSINESS PHONE: 650-225-1000 MAIL ADDRESS: STREET 1: 1 DNA WAY STREET 2: . CITY: SOUTH SAN FRANCISCO STATE: CA ZIP: 94080 8-K 1 f82496e8vk.htm FORM 8-K Form 8-K
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549


FORM 8-K

CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934

Date of report: June 19, 2002
Date of earliest event reported: June 10, 2002


Genentech, Inc.
(Exact name of registrant as specified in its charter)

         
Delaware   1-9813   94-2345624
(State of Incorporation)   (Commission File Number)   (I.R.S. Employer Identification No.)


1 DNA Way
South San Francisco, California 94080-4990
(Address of Principal Executive Offices)


(650) 225-1000
(Registrant’s Telephone Number, Including Area Code)

 


Item 5: Other Events
Item 7: Financial Statements and Exhibits
SIGNATURES
INDEX TO EXHIBITS
EXHIBIT 99.1


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INFORMATION TO BE INCLUDED IN THE REPORT

Item 5:    Other Events

         On June 10, 2002, a Los Angeles County Superior Court jury voted to award the City of Hope $300.1 million in additional royalties in a retrial of a contract dispute between Genentech, Inc. (the “Company”) and the City of Hope. The City of Hope filed a lawsuit against the Company in 1999 for breach of a 1976 agreement between the two parties. The first trial resulted in a deadlocked jury, 7-5 in the Company’s favor in October 2001. On June 17, 2002, hearings commenced on what, if any, punitive damages to award. There is no specific monetary cap on punitive damages. If punitive damages are awarded to the City of Hope, such award could have a material adverse effect on the Company, including, e.g., the Company’s financial position, current and future results of operations and cash flows.

         A copy of the press release containing the announcement is filed herewith as Exhibit 99.1 and is incorporated herein by this reference.

Item 7:    Financial Statements and Exhibits

                (c)     Exhibits

                           99.1 Registrant’s Press Release dated June 10, 2002.

 


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SIGNATURES

         Pursuant to the requirements of the Securities and Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

     
    GENENTECH, INC
     
Date: June 19, 2002   /s/ LOUIS J. LAVIGNE, JR
   
    Louis J. Lavigne, Jr.
    Executive Vice President and
    Chief Financial Officer

 


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INDEX TO EXHIBITS

     
Exhibit    
Number   Description

 
99.1   Press Release dated June 10, 2002.

  EX-99.1 3 f82496exv99w1.htm EXHIBIT 99.1 Exhibit 99.1

 

Exhibit 99.1

Monday, June 10, 2002

Genentech Announces Verdict In Contract Dispute

SOUTH SAN FRANCISCO, Calif. – June 10, 2002 – Genentech, Inc. (NYSE: DNA) announced that a Los Angeles County Superior Court jury voted to award the City of Hope (COH) approximately $300 million in additional royalties for breach of a 1976 agreement between Genentech and COH. The jury will return to court next week to deliberate over what, if any, punitive damages to award.

“We are disappointed by the verdict,” said Sean Johnston, vice president, Intellectual Property at Genentech. “Genentech does not intend to address the issue of appeal until all proceedings in the trial court are concluded.”

COH filed the contract dispute suit against Genentech in 1999. The first trial resulted in a deadlocked jury, 7-5 in Genentech’s favor, after six days of deliberation in October 2001. In the retrial, the case was submitted to the jury on May 16, 2002 after a six-week trial in the Los Angeles County Superior Court. The jury deliberated for 17 days before announcing the verdict.

Genentech is a leading biotechnology company that discovers, develops, manufactures and commercializes biotherapeutics for significant unmet medical needs. Fifteen of the currently approved biotechnology products stem from or are based on Genentech science. Genentech manufactures and commercializes ten biotechnology products directly in the United States. The company has headquarters in South San Francisco, California, and is traded on the New York Stock Exchange under the symbol DNA.

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