Judge Sleet Denies Amgen’s Motion to Transfer Infringement Action to California

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Genentech, Inc. et al. v. Amgen Inc., Civil Action No. 17-1407-GMS (D.Del. January 22, 2018), the Court denied defendant Amgen Inc.’s motion to transfer two patent infringement actions from the United States District Court for the District of Delaware to the United States District Court for the Central District of Delaware where Amgen has a declaratory judgment action pending. Both Plaintiff and Amgen are incorporated in Delaware with their principal places of business in California. Id. at *1. In support of its motion, Amgen argued that the Jumara factors weighed heavily in favor of transfer and that transfer was warranted under the first-to-file rule. Id. at *4. In weighing the Jumara factors, the Court found that Amgen’s choice of forum weighed in favor of transfer, but not as strongly as Plaintiff’s choice of forum weighed against transfer. Id. Two factors weighed slightly in favor of…

Read more detail on Recent Intellectual Property Law posts –

This entry was posted in Intellectual Property and tagged , , , , , , , , . Bookmark the permalink.

Leave a Reply