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ARTICLE · 04 FEBRUARY 2025

D. Mass. Patent Litigation Update: December 2024

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Ossifi-Mab LLC v. Amgen Inc., No. 1:23-cv-10861, Chief Magistrate Judge Cabell ruled on competing motions to compel, granting only Plaintiff's motion as to a single license agreement and denying the remainder.

United StatesIntellectual Property
Matthew C. Berntsen
Matthew C. Berntsen
Emily R. Gabranski
Emily R. Gabranski
Yinan Liu, Ph.D.
Yinan Liu, Ph.D.
Yi Yang
Yi Yang
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In Ossifi-Mab LLC v. Amgen Inc., No. 1:23-cv-10861, Chief Magistrate Judge Cabell ruled on competing motions to compel, granting only Plaintiff's motion as to a single license agreement and denying the remainder of both motions.

Plaintiff sought the production of three categories of documents: third-party license agreements, negotiation communications, and previously-redacted information related to an unaccused Amgen drug. First, Plaintiff argued that seven third-party license agreements are relevant to damages, and the Court found that only one bears on subject matter that could render it comparable for a hypothetical negotiation analysis, and thus ordered only that single agreement be produced. Second, Plaintiff sought negotiation communications between Defendant and a third party. The Court credited Defendant's assertion that it had produced the final agreements, and it would be significantly burdensome to produce the requested communications from over 20 years

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