Genentech and Centus Settle Bevacizumab Litigation

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On November 12, 2020, Genentech filed a complaint in the Eastern District of Texas alleging that the Centus Biotherapeutics, Ltd., Fujifilm Kyowa Kirin Biologics Co., Ltd., Fujifilm Corp., and Kyowa Kirin Co, Ltd. (collectively, Centus) proposed biosimilar to Genentech’s AVASTIN (bevacizumab) product infringes 10 U.S. patents. Yesterday, the parties filed a Joint Motion to Stay All Deadlines and Notice of Settlement.  The motion states that “[a]ll matters in controversy between the parties have been settled, in principle, and Genentech and Centus are in the process of preparing settlement documents.” The motion further states that the parties anticipate filing dismissal papers within 30 days.

Centus’s aBLA for bevacizumab is one of a number of bevacizumab aBLAs currently pending before the FDA.

UPDATE (7/8/2021): On June 21, 2021, Genentech filed a motion to dismiss the Complaint against Centus with prejudice, noting that it “move[d] to dismiss this action because it has reached a settlement as to the claims and there is no longer a basis for the relief sought.” On July 2, 2021, the Court granted the motion to dismiss.

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.

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