Defendants Celltrion and Hospira in Janssen v. Celltrion have moved for summary judgment that U.S. Patent No. 6,264,471, which covers Remicade (infliximab), is invalid for obviousness-type double patenting.
At the District Court status conference earlier this month, Celltrion told the court that it expects FDA approval of its infliximab biosimilar product in about four to eight weeks, but will delay launch until after the June 2016 expiration date of another patent covering infliximab.
As we’ve covered previously, in ex parte reexamination proceedings last year, the USPTO’s Patent Trial and Appeal Board rejected all claims of the ’471 Patent for obviousness-type double patenting over two expired U.S. patents. Janssen has appealed the Board’s decision. A motion to stay the District Court litigation pending the outcome of Janssen’s appeal remains pending.