Celltrion Seeks Interlocutory Appeal of Standing Issue in Janssen v. Celltrion

As we previously reported, the United States District Court for the District of Massachusetts denied Celltrion’s motion to dismiss for lack of standing in the Janssen v. Celltrion case.  On November 14, 2017, Celltrion filed a motion to certify the court’s order for interlocutory review by the Federal Circuit.  In its motion, Celltrion asserts that standing is a threshold and controlling question of law that the Federal Circuit reviews de novo, that the district court’s determinations on the standing issue presented “substantial ground for difference of opinion,” and that certification of an interlocutory appeal to the Federal Circuit would advance termination of the litigation.  Celltrion also seeks a stay of the district court litigation if the case is certified for interlocutory appeal.

Stay tuned to the Big Molecule Watch for future developments.