We previously reported that on October 6, 2017, Amgen filed a declaratory judgment action against Genentech regarding Amgen’s recently approved biosimilar of Avastin® (bevacizumab-awwb). On the same day, Genentech filed a complaint in the District of Delaware, Civil Action No. 1:17cv1407. While the complaint was filed under seal, according to a motion to transfer venue filed by Amgen in that case, Genentech’s complaint also relates to Amgen’s Avastin® biosimilar. In its motion, Amgen argues that the Court should transfer the case to the Central District of California (C.D. Cal.) because, among other things, Genentech’s claims arose in C.D. Cal., where Amgen developed its biosimilar, all the parties in the actions are based in California, and the vast majority of the parties’ employee-witnesses, documents, and inventors are in California.
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