As we previously reported, on June 17, Janssen filed two complaints alleging infringement of claims in U.S. Patent No. 7,598,083, one against Celltrion and Hospira, and one against HyClone Laboratories, Celltrion’s supplier of cell culture media.
On August 5th, HyClone filed a motion for injunctive relief to dismiss and to stay asserting that Janssen failed to state a claim upon which relief can be granted, and in particular, had not demonstrated a cognizable claim for infringement under the “doctrine of equivalents.”
HyClone asserted that following a period of negotiation to transfer HyClone’s highly confidential formulation information to Janssen for limited use in the Celltrion litigation, Janssen filed an instant complaint based on that information.
HyClone further asserts that Janssen has failed to prove that HyClone’s cell culture media literally infringes any claim of the ‘083 patent because many components are not identical to the recited limitations of the ‘083 patent claims.
Finally, HyClone asserts that this case should be stayed until the termination of the Celltrion litigation in Massachusetts because it is based on the same patent and the same accused product at issue here.
Stay tuned for updates on this litigation and more at Big Molecule Watch.