
PROVIDENCE – A sealed lawsuit was filed in Delaware District Court Monday against Immunex Rhode Island Corp. and Amgen Inc. by Genentech Inc. and City of Hope, according to court documents.
The case is related to Amgen’s Mvasi and Genentech’s Avastin, both chemotherapy and targeted-therapy drugs. The U.S. Food and Drug Administration approved Mvasi (bevacizumab-awwb) as a biosimilar to Avastin (bevacizumab) for the treatment of multiple types of cancer in 2017.
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The court documents, which were sealed, include three patent/trademark reports to the commissioner of patents.
The seal said that the companies were already in litigation with one another over the drugs, but that the case did not preclude the plaintiffs from filing a new patent infringement action.
“In order to protect the confidentiality of the information that Amgen has designated as confidential pursuant to such Protective Order, plaintiffs respectfully seek leave to file their complaint in the above-captioned action under seal,” the filing said.
Previous filings in U.S. District Court related to litigation between the companies and their cancer drugs describes the cases as a “patent dance.”
Amgen had previously said that it would not begin marketing the biosimilar drug until certain patents expired.












