Amgen’s Opposes Coherus’s Motion to Stay in Pegfilgrastim Case

BioSimilars Patent Dance

BioSimilars Patent DanceIn response to Coherus’s motion to stay discovery in Amgen v. Coherus, Amgen filed an answering brief yesterday opposing this motion. Amgen claimed that any delay in the proceedings would “unduly prejudice Amgen and present a clear tactical advantage to Coherus by impeding Amgen’s ability to enforce its patent rights on a full and developed record.”

Coherus had stated that the FDA rejection of their aBLA resulted in a delay of approval until mid-2018, and also that the rejection imposes financial hardship on Coherus in continuing discovery in this case. Amgen claimed that it makes “no sense to slow down the case now, only to speed it up next year before the anticipated launch date of mid-2018,” and any stay would deprive Amgen of the benefit of conducting discovery over the next year in advance of Coherus’s anticipated launch without “simplifying the issues at trial or serving the interests of the Court.”

Amgen asserts that there is no evidence that Coherus will suffer financial hardship from continuing with discovery and so its motion should be denied.