As we reported here, in the patent dispute between Janssen and Defendants Celltrion and Hospira relating to Inflectra® (infliximab-dyyb), a biosimilar of Remicade®, there are multiple motions for summary judgment pending before Judge Wolf in the District of Massachusetts. Both parties have filed competing summary judgment motions directed to damages issues. Additionally, Defendants have filed a motion for summary judgment of non-infringement based on the doctrine of ensnarement, which would bar a finding of equivalency under the doctrine of equivalents that would encompass the prior art.
On June 28, 2018, Defendants submitted a letter to Judge Wolf seeking further guidance from the Court about scheduled activities for August and September, stating that “[t]he Court has indicated it is giving serious consideration to granting the Defendants’ summary judgment motion. If granted, that will terminate the need for a trial, pending an appeal.” On the same day, the judge issued an order stating: “”[I]t is hereby ORDERED that: 1. If the pending motion for summary judgment on ensnarement is denied, a telephone conference will be held to discuss plaintiff’s intention to seek leave to amend its damages claims and scheduling issues. 2. Unless otherwise ordered, if the motion for summary judgment on ensnarement is denied, hearings on pretrial motions will begin on August 6, 2018, and trial will commence on August 27, 2018. 3. The parties shall continue to confer and, by 12:00 noon on July 6, 2018, report whether they have agreed to a resolution of this case.”