District Court Stays Janssen’s Infliximab Lawsuit Against HyClone

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On November 15, 2016, the U.S. District Court for the District of Utah entered a stipulated order to stay Janssen’s pending lawsuit against HyClone Laboratories, which supplies cell culture media for manufacturing Celltrion’s Inflectra® (infliximab-dyyb) biosimilar product.  Under the order, the Utah case will be stayed pending resolution of Janssen’s ongoing district court litigation in Massachusetts against Celltrion. As part of the stipulation, HyClone agreed to withdraw, without prejudice, its motion to dismiss Janssen’s complaint.

Meanwhile, in the Massachusetts case, the parties are currently briefing Celltrion’s motion for summary judgment of non-infringement of the ’083 patent.  The parties are scheduled to finish briefing on December 9 and then appear for a summary judgment hearing on December 21-22.

Stay tuned to Big Molecule Watch for further updates on the infliximab litigation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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