As we reported on Friday, Genentech has informed the District of Delaware that it will not file an amended complaint in its declaratory judgment action against Amgen regarding Amgen’s application to market a biosimilar of Avastin® (bevacizumab).
Today, Amgen filed a letter in response, informing the court that, on March 24, Genentech produced its disclosure under 42 U.S.C. § 262(l)(3)(A). Although Amgen’s letter does not specify the details, this disclosure would include Genentech’s list of potentially infringed patents and any patents on the list that Genentech is willing to license to Amgen. Thus, according to Amgen, “the parties are now moving through the ‘patent dance’ as contemplated under the BPCIA.” Amgen further notes that the court had already dismissed Genentech’s complaint without prejudice, and therefore no further action is required at this time.