On February 15, 2017, Genentech filed suit against Amgen accusing Amgen of not disclosing its manufacturing information to Genentech in the Avastin biosimilar dance. See this post for more details: <http://biopharmapatent.blogspot.com/2017/02/genentech-amgen-not-disclosing.html>
Below is the text of Judge Sleet's Order dismissing Genentech's complaint for lack of subject matter jurisdiction.
WHEREAS, on February 15, 2017, the plaintiff, Genentech, Inc. ("Genentech") filed a Complaint for Declaratory Judgment, (D.1. J), to address Amgen Inc.'s ("Amgen") alleged violations of the Biologics Price Competition and Innovation Act ("BPCIA"), 42 U.S.C. § 262;
WHEREAS, on March 1, 2017, the court heard oral argument concerning its jurisdiction;
WHEREAS, Amgen moved, as an oral motion, to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(l) for lack subject matter jurisdiction in light of the holding in Amgen Inc. v. Sandoz Inc., 794 F.3d 1347 (Fed. Cir. 2015);
IT IS HEREBY ORDERED:
1. Amgen's Rule 12(b)(l) Motion to Dismiss Genentech's Complaint is GRANTED WITHOUT PREJUDICE;
2. Genentech is granted leave to amend its Complaint.
3. Genentech shall file its amended Complaint within forty-five (45) days of this Order.
Below is the text of Judge Sleet's Order dismissing Genentech's complaint for lack of subject matter jurisdiction.
ORDER
WHEREAS, on February 15, 2017, the plaintiff, Genentech, Inc. ("Genentech") filed a Complaint for Declaratory Judgment, (D.1. J), to address Amgen Inc.'s ("Amgen") alleged violations of the Biologics Price Competition and Innovation Act ("BPCIA"), 42 U.S.C. § 262;
WHEREAS, on March 1, 2017, the court heard oral argument concerning its jurisdiction;
WHEREAS, Amgen moved, as an oral motion, to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(l) for lack subject matter jurisdiction in light of the holding in Amgen Inc. v. Sandoz Inc., 794 F.3d 1347 (Fed. Cir. 2015);
IT IS HEREBY ORDERED:
1. Amgen's Rule 12(b)(l) Motion to Dismiss Genentech's Complaint is GRANTED WITHOUT PREJUDICE;
2. Genentech is granted leave to amend its Complaint.
3. Genentech shall file its amended Complaint within forty-five (45) days of this Order.
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