As we previously reported, yesterday Judge Sleet, United States District Court for the District of Delaware, heard arguments on Amgen’s motion to dismiss in Genentech v. Sandoz. The court orally granted Amgen’s motion under the Federal Circuit’s holding in Amgen v. Sandoz. The court dismissed Genentech’s complaint in its entirety without prejudice and with leave to amend…
As we previously reported, Genentech earlier this month filed a declaratory judgment action against Amgen. In this litigation, Genentech claims that Amgen has violated the patent dance provisions of the BPCIA by disclosing its aBLA for a proposed biosimilar of Genentech’s Avastin® (bevacizumab) but refusing to provide additional manufacturing information…
As we previously reported regarding Janssen v. Celltrion, after the district court postponed trial and heard oral argument on the damages issues related to Celltrion’s challenge to Janssen’s standing, the Court set a deadline for Celltrion to file a motion to dismiss on that basis. On Friday, February 22, 2017, Celltrion filed its Motion…
The PTAB has granted Celltrion’s petition for inter partes review of Biogen’s U.S. Patent 7,820,161. (IPR2016-01614) The patent is drawn to methods of treating rheumatoid arthritis by administration of rituximab. Rituximab is sold by Biogen and Genentech under the trade-name Rituxan®. Rituxan is FDA approved to treat non-Hodgkin’s lymphoma, chronic…
As we have previously reported, in April the Supreme Court will hear arguments regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions. As we reported last week, several amicus briefs in support of Sandoz were filed last week. The amicus brief, filed by…
As we covered in previous posts, the Supreme Court will hear arguments regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions in April 2017. Several amicus briefs in support of Sandoz were filed last week, including by AARP and AHIP. Mylan, Inc. (“Mylan”), Apotex…
As we have previously reported, the Supreme Court will later this year hear arguments in Sandoz v. Amgen regarding the Federal Circuit’s interpretation of the BPCIA’s notice of commercial marketing requirement and patent dance provisions. Several amicus briefs in support of Sandoz were filed last week. One brief was filed by AARP,…
As we previously reported, Genentech filed a complaint against Amgen in the District of Delaware seeking declaratory judgment that Amgen has violated the patent dance provisions of the BPCIA in connection with its proposed biosimilar version of Genentech’s Avastin® product by failing to provide manufacturing information beyond its aBLA and…
As we covered in a previous post, in April the Supreme Court will hear arguments regarding the BPCIA’s notice of commercial marketing requirement and patent dance provisions. Last week, the Biosimilars Council filed an amicus brief in support of Sandoz’s position with respect to both issues. The brief is available here. The…
The PTAB has denied institution of IPR2016-01608, in which Bioeq IP AG sought review of Genentech’s U.S. Patent 6,716,602. That patent is directed to methods for increasing the yield of a heterologous recombinant protein produced by recombinant host cells. This decision and other important PTAB filings on biologic patents are posted…