Last Friday, AbbVie filed its Answer and Defenses to Amgen’s counterclaims of invalidity and noninfringement for each of the patents-in-suit. Of note, AbbVie stated that it lacked “sufficient knowledge and information to form a belief” regarding Amgen’s willingness to comply with the 180 notice of intent to market, a requirement that we posted about here. AbbVie also asserted various affirmative defenses, including, that Amgen has not complied with the BPCIA and that the court lacks jurisdiction over Amgen’s counterclaims.
Stay tuned to the Big Molecule Watch for further updates.