Munger, Tolles & Olson represented Amgen in obtaining a favorable settlement on the eve of trial resolving a trade secrets dispute brought against Coherus BioSciences involving the drug Neulasta®.
The settlement announced on May 2, 2019 resolves litigation that was pending in the Superior Court of California, County of Ventura. Coherus will pay a mid-single digit royalty to Amgen for five years; the remaining details of the settlement are confidential.
Amgen filed a lawsuit in 2017 against Coherus and former Amgen executive Howard S. Weiser alleging misappropriation of trade secrets and breach of contract related to Coherus’s efforts to manufacture and sell a “biosimilar” to Neulasta®, Amgen’s groundbreaking drug used to treat the side effects of chemotherapy. The case, which was headed for a two-month jury trial, settled hours before opening statements.
The team representing Amgen in the case included Gregory P. Stone, Laura D. Smolowe, Miriam Kim, Mark B. Helm, Steven M. Perry, Heather E. Takahashi, Bradley R. Schneider, Sarah G. Boyce, Graham B. Cole, Vincent Y. Ling, Susan M. Pelletier, Molly K. Priedeman, Jordan D. Segall and Carson Zheng.