Genentech Moves To Dismiss Amgen’s California Bevacizumab DJ Action

Goodwin
Contact

We previously reported on Amgen’s complaint in the Central District of California seeking a declaratory judgment that 27 Genentech patents are not infringed by Genentech’s bevacizumab biosimilar (Mvasi®).  On November 15, 2017, Genentech moved to dismiss the Amgen DJ action.  Genentech argues that the court lacks jurisdiction over Amgen’s DJ action and that Amgen is barred from filing the DJ action under § 262(l)(9)(A), (B) and (C).  These arguments are consistent with arguments made in Genentech’s opposition to Amgen’s motion to transfer Genentech’s pending related District of Delaware actions to California.  Genentech further argues that even if the Amgen action was not barred, the Court should decline to exercise jurisdiction over Amgen’s DJ action.  Finally, Genentech argues that even if the Court does not dismiss the case, the Court should stay the case pending resolution of the related Delaware actions.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Goodwin | Attorney Advertising

Written by:

Goodwin
Contact
more
less

Goodwin on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide