Janssen Biotech, Inc. et al v. Celltrion Healthcare Co., Ltd. et al, 1-15-cv-10698 (MAD September 26, 2016, Order) (Wolf, USDJ)
Thursday, September 29, 2016
Partial Final Judgment Entered as to Invalidity of Remicade Patent
The court granted defendant's motion for judgment under Rule 54(b) that one of plaintiffs' chronic pain drug patents was invalid due to obviousness-type double patenting and found that the public interest weighed in favor of an immediate appeal. "[T]he risk of being required to pay [plaintiff] for its lost profits if the [invalidated] patent is valid and infringed could delay the sale of [defendant's drug product] in the United States. If so, [plaintiff] would continue to have a monopoly generating more than $4 billion a year based on a patent this court has found to be invalid. . . . More significantly, uncertainty concerning whether [defendant] may be enjoined from selling [defendant's drug product] in the future could discourage doctors from prescribing it. Most importantly, the public interest in making [defendant's drug product] available to doctors and their patients if it does not infringe a valid patent will be served by an immediate appeal. . . . [Plaintiff's drug product] can cost up to $20,000 per patient per year. . . . A less expensive biosimilar alternative to compete fairly with [plaintiff's drug product] would be in the public interest."