Drugmaker Glaxosmithkline sued Swiss rival Roche on Tuesday for infringing a patent when it produces its cancer drug Herceptin, according to court documents filed on Monday.

Glaxo said the patents were issued in 2008 and 2010 and cover antibody purification. Roche and its U.S. business Genentech infringe the patent by "making and/or having made therapeutic antibody products, including without limitation Herceptin," the complaint said.

Glaxo is demanding damages to compensate for violations of its patent.

Genentech declined to comment except to say that it was aware of the lawsuit and that a second lawsuit had been filed in the Northern District of California. The California lawsuit was brought by Genentech against Glaxo, according to Caroline Pecquet, a Genentech spokeswoman.