Final Judgment Prescribed For Antibody Patent After Double Patenting Decision

We previously wrote about Judge Wolf's decision to invalidate Janssen Biotech, Inc.'s ("Janssen") biopharmaceutical patent (U.S. Patent No. 6,284,471 (the "'471 Patent")), based on the doctrine of obviousness-type double patenting.

Celltrion Healthcare Co. Inc. ("Celltrion") subsequently moved the court for an entry of final judgment dismissing Janssen's infringement claims premised on the '471 Patent. While Celltrion's request may seem straightforward given that the court invalidated the '471 Patent, it was not a guarantee. Other claims still remain in the case, and under Fed. R. Civ. P. 54(b), the court "may" enter a final judgment dismissing less than all claims in the action only if it determines "that there is no just reason for delay."