We have been following the Delaware Amgen v. Coherus (pegfilgrastim case). In response to Amgen’s Complaint, Coherus filed a motion to dismiss the entire suit arguing that Amgen’s Complaint failed to state a plausible claim of infringement.
According to the case docket, last Thursday, Magistrate Judge Christopher J. Burke issued his Report and Recommendations recommending that the court grant Coherus’s motion to dismiss. The Report and Recommendations are currently under seal. The parties have an opportunity to file objections to the Report and Recommendations by December 21, 2017.