Delaware Court Declines to Enter “Judgment” in Genentech v. Amgen

U.S. Biosimilar Litigation News

We have previously reported on letters submitted by Genentech and Amgen to the District of Delaware regarding Genentech’s decision not to file an amended complaint.  In its letter, Genentech requested entry of judgment without prejudice, which Amgen argued was unnecessary given the court’s prior order of dismissal without prejudice.  This morning, the court entered an oral order as follows:  “The court agrees with the position of Amgen set forth in its letter to the court of 16 April 2017.  The court declines to enter the so-called ‘Judgment’ attached to Genentech’s letter to the court of 14 April 2017.”

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