Janssen Appeals District Court’s Summary Judgment of Non-Infringement in INFLECTRA Litigation (UPDATED)

As we have previously covered, last month the court in Janssen v. Celltrion (D. Mass., J. Wolf) issued a memorandum opinion granting Celltrion’s motion for summary judgment of non-infringement of the sole remaining patent-in-suit, and the next day entered final judgment for Celltrion. The court subsequently entered an amended final judgment to dismiss without prejudice Celltrion’s counterclaims that were not at issue in the summary judgment proceedings.

Last week (on August 24), Janssen filed a notice of appeal of the district court’s judgment to the Federal Circuit Court of Appeals.  The appeal has not yet been docketed.

Stay tuned for further updates on this matter.

UPDATE (8/31/2018): The Federal Circuit has docketed Janssen’s appeal as Case No. 18-2321.  On August 31, 2018, Celltrion filed a notice of cross-appeal to the Federal Circuit.

 

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