Judge Sleet Grants Amgen’s Motion to Dismiss Genetech’s Commercial Marketing Claim Without Prejudice

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. April 17, 2018), the Court granted defendant Amgen’s motion to dismiss the claim of plaintiffs Genetech and City of Hope (collectively “Genetech”) requesting a declaratory judgment that Amgen cannot market Mvasi before December 18, 2018. Mvasi is a biosimilar version of Genetech’s Avastin®. During the “patent dance” prescribed by the Biologics Price Competition and Innovation Act (“BPCIA”), 42 U.S.C. § 262(l), Amgen made a statement pursuant to 42 U.S.C. §262(l)(3)(B) that it did not intend to begin commercial marketing of Mvasi before December 18, 2018. Id. at *1. Amgen later provided notice that it would not start commercial marketing of Mvasi before April 4, 2018 – eight months earlier than the date it previously provided. Genetech filed its claim requesting a…

Read more detail on Recent Antitrust posts –

This entry was posted in Antitrust - Competition law and tagged , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply