We reported earlier that on October 6, Amgen filed a complaint in the Central District of California seeking a declaratory judgment against Genentech that MVASITM (bevacizumab-awwb), Amgen’s recently approved biosimilar of Avastin®, does not infringe 27 patents, that those patents are invalid, and that one of the patents is unenforceable for inequitable conduct. Also on October 6, Genentech filed a complaint under seal against Amgen in the District of Delaware, alleging that MVASITM infringes 24 patents, and alleging purported violations of Amgen’s BPCIA statutory obligations.
Now, Genentech has filed another complaint against Amgen in the District of Delaware, Civil Action No. 1:17-cv-01471. While this complaint was filed under seal, Genentech asserts that this new, additional action raises distinct claims against Amgen relating to MVASITM. The 25 patents at issue in this suit comprise the 24 patents at issue in the first Genentech action and add U.S. Pat. No. 7,297,334.