Genentech, Inc. v. Immunex Rhode Island Corp., No. 19-2155 (Fed. Cir. July 6, 2020)

From the Opinion

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Genentech, Inc. and City of Hope ( collectively, Genen- tech) filed an emergency motion and a motion for a tempo- rary restraining order based on Immunex Rhode Island Corporation’s and Amgen Inc.’s (collectively, Amgen) al- leged failure to comply with the notice requirement of 42 U.S.C. § 262(l)(8)(A). Genentech appeals the United States District Court for the District of Delaware’s denial of the motions. Genentech, Inc. v. Immunex Rhode Island Corp. , 395 F. Supp. 3d 357, 366 (D. Del. 2019) . For the reasons stated below, we affirm.