`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`
`
`C.A. No. 18-924-CFC
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`Plaintiffs,
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`GENENTECH, INC.,
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`
`v.
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`AMGEN, INC.,
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`Defendant.
`
`
`
`STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFF
`GENENTECH’S THIRD AMENDED COMPLAINT
`
`WHEREAS, Plaintiff Genentech, Inc. (“Genentech”) sought a temporary restraining
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`order and preliminary injunction seeking to enjoin Defendant Amgen Inc.’s (“Amgen”) launch of
`
`its Herceptin biosimilar product in the United States, which the Court denied on July 18, 2019,
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`D.I. 300; and
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`WHEREAS, Amgen announced on July 18, 2019 that its Herceptin biosimilar product,
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`ABP 980, is now available in the United States and being marketed as Kanjinti; and
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`WHEREAS, Genentech seeks leave to amend the complaint in this action to add
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`allegations of past and ongoing infringement of the patents-in-suit under 35 U.S. C. §§ 271(a),
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`(b), and/or (g), claims for damages due to this infringement, and a corresponding jury demand;
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`and
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`WHEREAS, Genentech and Amgen previously entered stipulations removing City of
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`Hope as a party to this lawsuit (since the patents-in-suit as to which City of Hope is a co-owner
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`have expired) and removing certain patent claims and counterclaims, and Genentech seeks to
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`amend the Complaint to reflect those stipulations that have been so-ordered by the Court (D.I.
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`325, 340); and
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`
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`Case 1:18-cv-00924-CFC Document 344 Filed 08/27/19 Page 2 of 4 PageID #: 25957
`
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`WHEREAS, Amgen does not oppose such amendments, which are reflected in the Third
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`Amended Complaint attached hereto as Exhibit A;
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`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
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`the undersigned parties and subject to the Court’s approval, that pursuant to Fed. R. Civ. P.
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`15(a), 15(d), 16(b) and D. Del. L.R. 15.1, and in the interests of judicial efficiency, the proposed
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`Third Amended Complaint attached hereto as Exhibit A shall be docketed by the Court as the
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`Third Amended Complaint and shall be deemed served upon filing. A form of the Third
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`Amended Complaint indicating in what respects it differs from the Second Amended Complaint
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`is attached as Exhibit B.
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`2
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`Case 1:18-cv-00924-CFC Document 344 Filed 08/27/19 Page 3 of 4 PageID #: 25958
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`Dated: August 27, 2019
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`
` /s/ Daniel M. Silver
`Michael P. Kelly (#2295)
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`MCCARTER & ENGLISH, LLP
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`(302) 984-6300
`mkelly@mccarter.com
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`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
`(212) 230-8800
`robert.gunther@wilmerhale.com
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`
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`
`
` /s/ Eve H. Ormerod
`Neal C. Belgam (#2721)
`Eve H. Ormerod (#5369)
`Jennifer M. Rutter (#6200)
`SMITH KATZENSTEIN & JENKINS LLP
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`eormerod@skjlaw.com
`jrutter@skjlaw.com
`
`OF COUNSEL:
`
`Michelle Rhyu
`Susan Krumplitsch
`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
`
`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
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`
`
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`3
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`
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`Case 1:18-cv-00924-CFC Document 344 Filed 08/27/19 Page 4 of 4 PageID #: 25959
`
`
`Daralyn J. Durie
`Adam R. Brausa
`DURIE TANGRI LLP
`217 Leidesdorff St.
`San Francisco, CA 94111
`(415) 362-6666
`ddurie@durietangri.com
`abrausa@durietangri.com
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`Attorneys for Plaintiff
`Genentech, Inc.
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`
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`SO ORDERED this ______ day of ____________, 2019.
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`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
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`Attorneys for Defendant Amgen, Inc.
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`
`
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`____________________________________
`
`United States District Judge
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`4
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