Legal Opinion

Genentech, Inc. v. Amgen Inc.

District Court, D. Delaware

Decided April 17, 2018No. Civ. No. 17–1407–GMS; Civ. No. 17–1471–GMSPublishedCited by 3 opinions

1Opinion of the Court

GREGORY M. SLEET, UNITED STATES DISTRICT JUDGE

In two related patent-infringement actions, plaintiffs Genentech, Inc. and City of Hope (collectively, "Genentech") have asserted multiple counts against defendant Amgen Inc. ("Amgen") based on Amgen's plans to commercialize Mvasi™, a biosimilar version of Genentech's Avastin ®. During the parties' so-called patent dance, Amgen made a statement pursuant to 42 U.S.C. § 262(l )(3)(B) that it did not intend to begin commercial marketing of Mvasi™ before December 18, 2018. Amgen later served notice that it would not commence commercial marketing…

2Cases cited6 opinions

  1. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  2. Lincoln Benefit Life Co. v. AEI Life, LLCCourt of Appeals for the Third Circuit · 2015
  3. Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
  4. Common Cause of Pennsylvania v. PennsylvaniaCourt of Appeals for the Third Circuit · 2009
  5. Sandoz Inc. v. Amgen Inc.Supreme Court of the United States · 2017

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Gorton v. Air & Liquid Systems Corp.District Court, M.D. Pennsylvania · 2022
  2. PETERYDistrict Court, E.D. Pennsylvania · 2025
  3. Saydlin v. AshbyDistrict Court, M.D. Pennsylvania · 2024

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