As a result, Genentech sought a declaratory judgment that Amgen not be allowed to market MVASI® until a particular date. 1 Amgen moved to dismiss this claim under Federal Rule of Civil Procedure (Rule) 12(b)(6) for failure to state a claim and under Rule 12(b)(1) for lack of subject matter jurisdiction. 2 In its motion to dismiss, Amgen contends that Genentech was the bad actor during the Patent Dance negotiations. Amgen accuses Genentech of failing to respond to its detailed noninfringement, invalidity, and/or unenforceability positions disclosed as part of the Patent Dance. Additionally, Amgen contends that, despite having its detailed disclosure of defenses, Genentech intentionally delayed informing Amgen that it still intended to litigate a number of the patents it disclosed pursuant to the Patent Dance.