Last week, in the ongoing Janssen v. Celltrion litigation concerning Celltrion’s Inflectra®, a biosimilar of Janssen’s Remicade® (infliximab), Judge Wolf of the U.S. District Court for the District of Massachusetts granted Defendants’ unopposed motion for leave to file a motion for summary judgment and accompanying briefing schedule. In their summary judgment brief, filed on April 6, 2018, Defendants argue that the Court should grant summary judgment of non-infringement based on the legal doctrine of ensnarement, which restricts a patentee from asserting a scope of equivalency under the doctrine of equivalents that would encompass the prior art.
Janssen’s opposition brief is due on May 10, 2018 and Defendants’ reply brief is due on May 28, 2018. Defendants request oral argument the week of June 11, 2018.