Genentech Moves To Dismiss Amgen’s California Bevacizumab DJ Action

We previously reported on Amgen’s complaint in the Central District of California seeking a declaratory judgment that 27 Genentech patents are not infringed by Genentech’s bevacizumab biosimilar (Mvasi®).  On November 15, 2017, Genentech moved to dismiss the Amgen DJ action.  Genentech argues that the court lacks jurisdiction over Amgen’s DJ action and that Amgen is barred from filing the DJ action under § 262(l)(9)(A), (B) and (C).  These arguments are consistent with arguments made in Genentech’s opposition to Amgen’s motion to transfer Genentech’s pending related District of Delaware actions to California.  Genentech further argues that even if the Amgen action was not barred, the Court should decline to exercise jurisdiction over Amgen’s DJ action.  Finally, Genentech argues that even if the Court does not dismiss the case, the Court should stay the case pending resolution of the related Delaware actions.