Massachusetts District Court Denies Motion to Dismiss in Janssen v. Celltrion

Janssen v. Celltrion (infliximab)

The United States District Court for the District of Massachusetts has denied Celltrion’s motion to dismiss the action for lack of standing.  As we previously reported, Celltrion argued that certain co-owners of the ’083 patent-in-suit were not parties to the action when Janssen filed its 2015 complaint, and that Janssen’s attempts to remedy this issue prior to the 2016 complaint were ineffective.  In particular, Celltrion argued that relevant contracts assigned the asserted patent to both Janssen and Johnson & Johnson family companies (more than 200 companies in total), none of which were named as plaintiffs in the case.

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