Robert Cerwinski, JD, Partner at Goodwin, discusses current infliximab litigation.
Janssen is currently involved in litigation over infliximab. Where does the case stand?
Right now, the parties are actively litigating potential infringement of 1 patent. The parties were scheduled for a trial, and that trial has been suspended while the parties litigate issues concerning standing and damages. Right now, there is a pending motion to dismiss Janssen’s complaint for patent infringement for lack of standing. The allegation that has been announced publicly is that Janssen doesn’t have all the rights it needs to assert the ‘083 patent against the defendants, and therefore the suit should be dismissed. That’s where things stand right now. There are some pending damages issues as well, that the court is considering, but it’s really that motion to dismiss that the court is hearing briefing and arguing on.