Following the oral argument two days ago, the U.S. Court of Appeals for the Federal Circuit today affirmed the lower court’s denial of Genentech’s motion for a preliminary injunction to enjoin sales of Amgen’s KANJINTI (trastuzumab-anns) biosimilar product. As we previously reported, Amgen launched KANJINTI in the United States in July 2019, after the U.S. District Court for the District of Delaware denied Genentech’s motion, and both the District Court and the Court of Appeals denied Genentech’s subsequent motions to for an injunction pending resolution of Genentech’s appeal. The Court of Appeals issued its judgment today without opinion, pursuant to Federal Circuit Rule 36.

The underlying patent litigation involving KANJINTI is still pending.  During the appeal, the parties continued to engage in discovery and various motion practice before the District Court, which has scheduled a jury trial to begin next month, on April 20, 2020.