`
`2384
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH, INC. and CITY OF HOPE,
`
`
`v.
`
`AMGEN, INC.,
`
`Plaintiffs,
`
`Defendant.
`
`
`
`
`
`Case No. 18-924-GMS
`
`
`
`
`
`STIPULATION AND [PROPOSED] ORDER
`TO DISMISS PATENTS AGAINST AMGEN, INC.
`
`IT IS HEREBY STIPULATED AND AGREED by the Parties, subject to the approval of
`
`the Court, that all claims that Amgen, Inc. (“Amgen”) has infringed or will infringe U.S. Patent
`
`Nos. 6,242,177, 6,489,447, 6,586,206, 6,870,034, 7,449,184, 7,501,122, 8,044,017, 8,314,225,
`
`8,357,301, 8,460,895, 8,691,232, 8,710,196, 8,771,988, 9,047,438, 9,080,183, 9,428,766,
`
`9,487,809, 9,493,744, and 9,868,760 (collectively, “the Dismissed Patents” and “Dismissed
`
`Patent” if referring to any of these patents individually) in connection with its drug ABP 980 (the
`
`subject of Amgen’s BLA
`
`) are DISMISSED WITH PREJUDICE. This dismissal pertains
`
`only to Plaintiffs’ claim of infringement with respect to ABP 980 (the subject of Amgen’s BLA
`
`) and does not extend to litigation involving any other product between the Parties.
`
`This dismissal is made without prejudice to Genentech Inc. and City of Hope’s
`
`(collectively, “Plaintiffs”) ability, to be applied on a patent claim-by-patent claim basis, to assert
`
`a Dismissed Patent if (1) Amgen makes a change to its drug product, ABP 980 (the subject of
`
`Amgen’s BLA
`
`), the proposed label for its drug product, or the manufacturing processes
`
`disclosed in Amgen’s BLA
`
`, and that change materially alters the infringement analysis
`
`
`
`ME1 27700554v.1
`
`- 1 -
`
`
`
`PUBLIC VERSION FILED: July 25, 2018
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 17 Filed 07/25/18 Page 2 of 4 PageID #:
`
`2385
`
`with respect to one or more patent claims of that Dismissed Patent; or (2) Plaintiffs subsequently
`
`discover information not previously provided which establishes that the factual information
`
`provided by Amgen pursuant to 42 U.S.C. §§ 262(l)(2) or factual representation made by Amgen
`
`in the statement provided according to 262(l)(3)(B) was materially inaccurate or incomplete
`
`when provided, and the newly-discovered factual information materially alters the infringement
`
`analysis with respect to one or more patent claims of that Dismissed Patent. In the event that
`
`Plaintiffs reassert a Dismissed Patent under either of those circumstances, the parties reserve
`
`their rights with respect to the application of the limitation on remedies provided in 35 U.S.C. §
`
`271(e)(6)(B) with respect to that Dismissed Patent. Each Party is to bear its own costs, expenses,
`
`and attorneys’ fees associated with this action with respect to the Dismissed Patents.
`
`
`
`
`
`
`
`
`ME1 27700554v.1
`
`- 2 -
`
`
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 17 Filed 07/25/18 Page 3 of 4 PageID #:
`
`2386
`
`
`
`
`
`
`
`Dated: July 19, 2018
`
`MCCARTER & ENGLISH LLP
`
`
`/s/ Daniel M. Silver
`Michael P. Kelly (#2295)
`Daniel M. Silver (#4758)
`405 North King Street, 8th Floor
`Wilmington, DE 19801
`(302) 984-6300
`mkelly@mccarter.com
`dsilver@mccarter.com
`
`Counsel for Plaintiffs Genentech, Inc. and
`City of Hope
`
`Of Counsel:
`
`William F. Lee
`Lisa J. Pirozzolo
`Emily R. Whelan
`Kevin S. Prussia
`Andrew J. Danford
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`(627) 526-6000
`william.lee@wilmerhale.com
`lisa.pirozzolo@wilmerhale.com
`emily.whelan@wilmerhale.com
`kevin.prussia@wilmerhale.com
`andrew.danford@wilmerhale.com
`
`Robert J. Gunther Jr.
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`robert.gunther@wilmerhale.com
`
`
`
`
`
`
`
`
`
`
`
`
`SMITH, KATZENSTEIN & JENKINS, LLP
`
`
`/s/ Eve H. Ormerod
`Neal C. Belgam (No. 2721)
`Eve H. Ormerod (No. 5369)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`eormerod@skjlaw.com
`
`Counsel for Defendant Amgen, Inc.
`
`Of Counsel:
`
`Orion Armon
`Cooley, LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, CO 80021-8023
`(720) 566-4119
`oarmon@cooley.com
`
`Eamonn Gardner
`Cooley, LLP
`4401 Eastgate Mall
`San Diego, CA 92121-1909
`(858) 550-6086
`egardner@cooley.com
`
`Susan Krumplitsch
`Michelle Rhyu
`Daniel Knauss
`Cooley, LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`P 650-843-5287
`skrumplitsch@cooley.com
`mrhyu@cooley.com
`dknauss@cooley.com
`
`
`
`
`
`
`
`
`ME1 27700554v.1
`
`- 3 -
`
`
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 17 Filed 07/25/18 Page 4 of 4 PageID #:
`
`2387
`
`Daralyn J. Durie
`Adam R. Brausa
`DURIE TANGRI LLP
`217 Leidesdorff St.
`San Francisco, CA 94111
`ddurie@durietangri.com
`abrausa@durietangri.com
`
`
`
`Nancy Gettel
`Thomas Lavery, IV
`Amgen, Inc.
`One Amgen Center Drive
`Thousand Oaks, CA 91320-1799
`P 805-447-1000
`ngettel@amgen.com
`tlavery@amgen.com
`
`
`
`
`
`
`SO ORDERED this ______ day of ____________, 2018.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`____________________________________
`
`United States District Judge
`
`
`
`ME1 27700554v.1
`
`- 4 -
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
