Today, the Federal Circuit issued a Rule 36 affirmance of the district court’s judgment of non-infringement in the litigation involving Celltrion’s infliximab biosimilar. The court heard oral argument in the appeal yesterday. As we previously reported, Janssen had appealed the district court’s order granting Celltrion’s motion for summary judgment of non-infringement of U.S. Patent No. 7,598,083, covering Janssen’s REMICADE. Celltrion cross-appealed the district court’s denial of Celltrion’s motion to dismiss for lack of standing.
