Scheduling Order Entered in Biosimilar Trade Secrets Case

We previously reported on the biosimilar trade secrets case, Genentech v. JHLGenentech asserted claims including trade secret misappropriation under state and federal law, breach of contract, and breach of state and federal computer fraud and abuse acts.  On March 20, the district court entered a case management order , which sets trial for January 25, 2021.

In addition, on March 22, Genentech filed a motion for leave to amend its complaint. The motion comes after the court dismissed several of Genentech’s claims, as we previously reported here. In its motion, Genentech argued that its proposed amended complaint would address several pleading deficiencies that the court identified, namely:

  • pleading facts allowing reasonable inferences that defendant John Chan conspired with JHL to misappropriate Genentech’s trade secrets, and that defendants James Quach and JHL conspired to violate the Computer Fraud and Abuse Act and Computer Data Access and Fraud Act;
  • pleading facts demonstrating that Genentech’s state law claims are timely; and
  • making it clear that Genentech’s claim under the California’s Uniform Trade Secrets Act does not supersede Genentech’s other state law claims.