Janssen Sues Amgen Over Stelara Biosimilar Plans
Janssen has filed a patent infringement suit in Delaware federal court against Amgen and its plans to seek FDA approval and market a biosimilar copy of Janssen’s blockbuster Stelara (ustekinumab), indicated for treating plaque psoriasis, psoriatic arthritis, Crohn’s disease, and ulcerative colitis.
Earlier this month, Amgen provided Janssen notice that the biosimilar will be marketed in 180 days (5/6/2023) or immediately once FDA approves the product. “If Amgen carries through with its stated plan, it will infringe at least two Janssen patents that cover Stelara,” Janssen says in its complaint. “Specifically, Amgen’s launch of ABP 654 will infringe at least U.S. Patent No. 6,902,734 (the ’734 patent) covering ustekinumab (the active compound in Stelara), and U.S. Patent No. 10,961,307 (the ’307 patent) covering methods of treating ulcerative colitis with this medicine.”
Janssen’s complaint asks the court for a declaratory judgment of infringement, and to preliminarily and permanently enjoin Amgen from infringing the two patents.