Scheduling Order Entered in Amgen v. Adello Filgrastim Biosimilar Litigation

Today, the district court entered a scheduling order in the Amgen v. Adello BPCIA litigation concerning Adello’s aBLA for a biosimilar of Neupogen® (filgrastim).  The scheduling order is generally consistent with the joint proposed discovery plan that the parties submitted last week and sets deadlines through the end of expert discovery, which is to be completed by January 20, 2020.  The scheduling order does not set a trial date or final pretrial conference and, instead, indicates that a final pretrial conference will be conducted at a time to be determined.

In addition, yesterday the parties completed the initial pleadings phase of the litigation, with Amgen filing its answer to Adello’s counterclaims for declaratory judgments of invalidity and non-infringement of the 17 patents-in-suit.

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