Janssen v. Celltrion: Celltrion moves to dismiss for lack of standing

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As we previously reported regarding Janssen v. Celltrion, after the district court postponed trial and heard oral argument on the damages issues related to Celltrion’s challenge to Janssen’s standing, the Court set a deadline for Celltrion to file a motion to dismiss on that basis.  On Friday, February 22, 2017, Celltrion filed its Motion to Dismiss arguing that Janssen lacked standing for Count 6 of its 2015 complaint and the entirety of its 2016 complaint.  In its motion, Celltrion argues that certain co-owners of the ’083 patent-in-suit were not parties to the action when Janssen filed its 2015 complaint, and that Janssen’s attempts to remedy this issue prior to the 2016 complaint were ineffective.

The briefing on the motion to dismiss is scheduled to be completed by March 22, 2017.  Stay tuned to the Big Molecule Watch for future developments.

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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