Court Rules Remicade Patent Invalid
A Massachusetts federal court has issued summary judgment in favor of Celltrion Healthcare and Hospira involving patent infringement lawsuits related to their biosimilar product referencing Janssen Biotech’s Remicade (infliximab). The court found that a Janssen patent is invalid.
FDA approved the product in April (see story), and the product has not been launched while court proceedings continue. Janssen plans to appeal the decision to the Court of Appeals for the Federal Circuit. The company is also continuing an appeal process in proceedings related to the patent before the U.S. Patent & Trademark Office, and is awaiting a date for an oral hearing. “A commercial launch of an infliximab biosimilar prior to the outcome of the appeals would be considered an at-risk launch,” it says.