Earlier this week Coherus filed a motion to stay the BPICA litigation brought by Amgen in the District of Delaware, arguing that in light of the FDA’s complete response letter delaying the launch of Coherus’ pegfilgrastim biosimilar product, a stay of discovery is appropriate until the Court considers Coherus’ motion to dismiss.
Today, upon reviewing Coherus’ motion to stay, the Court ordered that the parties should continue to comply with the Court’s July 18, 2017 Order concerning Chief Judge Stark’s Case Management Checklist and to submit documents to the Court in accordance with this checklist by August 17, 2017. After these papers are received by the Court, it will schedule a Case Management Conference and will hear oral argument on Defendants’ motion to stay the litigation at that time. Thereafter, the court will decide whether to stay the case.