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# New ‘Patent Dance’ Suit Filed Over Avastin
- URL: https://www.fdaweb.com/new-patent-dance-suit-filed-over-avastin/
- Published: 2017-02-21T12:00:00.000Z
- Updated: 2026-09-14T22:07:43.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5138030

Genentech filed suit in Delaware federal court 2/20 seeking a declaratory judgment that Amgen is violating the patent dance provisions of the Biologics Price Competition and Innovation Act in connection with its proposed biosimilar of Genentech’s Avastin (bevacizumab). The complaint says that Amgen opted to participate in the patent dance by providing a copy of its aBLA to Genentech, but has refused to disclose manufacturing information beyond the aBLA and has refused to authorize Genentech to provide the aBLA to Genentech’s external experts for review to determine potential infringement.

Genentech claims that it needs the additional manufacturing information to have a reasonable opportunity to take the next step in the patent dance of identifying and serving Amgen with a list of patents that Genentech believes could reasonably be asserted within 60 days of receiving Amgen’s information. The company says that Amgen has stressed the importance of the additional manufacturing information in other patent dance suits in which it is the innovator.