Today, Judge Wolf found in favor of Celltrion, granting its motion for summary judgment of non-infringement of the sole remaining patent-in-suit based on an application of the ensnarement doctrine to Janssen’s infringement theory under the doctrine of equivalents.  The Court determined that Celltrion’s infliximab biosimilar does not infringe Janssen’s ’083 patent under the doctrine of equivalents—Janssen’s only theory of infringement—because the range of equivalents necessary to cover Celltrion’s biosimilar product ensnares material in the prior art.

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