Remicade Patent Fight: Janssen Loses Big, But Pfizer Not Out Of Woods

Jan 24 2018

• By Brenda Sandburg

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Pfizer would still be at risk for damages from biosimilar launch if Janssen's manufacturing process patent is upheld even as US Federal Circuit affirms that patent covering Remicade's active ingredient is invalid.

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The US Court of Appeals for the Federal Circuit agreed with the US Patent and Trademark Office that the composition patent covering Janssen Biotech Inc.'s Remicade (infliximab) is invalid for obviousness-type double patenting. While a loss for Janssen, the company could yet win a ruling that Celltrion Inc. and Pfizer Inc.'s biosimilar to Remicade, Inflectra (infliximab-dyyb), infringes its manufacturing process patent and thus potentially obtain a damages award.

In a Jan. 23 decision in In re: Janssen Biotech, the court found that the composition patent, No. 6,284,471,...

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