Amgen and Sandoz have filed a joint motion to lift the stay of proceedings on Amgen’s patent infringement claims and Sandoz’s related counterclaims in the U.S. District Court for the Northern District of California. The district court had ordered a stay on the proceedings pending the Federal Circuit’s opinion on appeal of the BPCIA issues and state law claims addressed by the district court’s March 19 Order.
The motion proposes a case management conference on October 1, 2015, after which discovery would begin on Amgen’s patent infringement claims if the Court grants the motion to lift the stay on proceedings.
We will continue to monitor developments in the district court litigation, and will provide updates here on the Big Molecule Watch.
UPDATE: Sept. 9, 2015: Judge Seeborg has granted the parties’ joint motion to lift the stay on proceedings. A case management conference is scheduled for October 1, 2015, after which discovery may begin on Amgen’s patent infringement claims.