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ARTICLE · 18 JANUARY 2024

Ustekinumab Antitrust Litigation

Goodwin Procter LLP
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On December 7, 2023, a group of health insurers and health insurance administrators filed a class action complaint against Johnson & Johnson and Janssen Biotech, Inc. (collectively "J&J")...

United StatesIntellectual Property
Timothy Beavers
Timothy Beavers

On December 7, 2023, a group of health insurers and health insurance administrators filed a class action complaint against Johnson & Johnson and Janssen Biotech, Inc. (collectively "J&J") in the Eastern District of Virginia alleging that J&J "is unlawfully delaying the introduction of biosimilar competition for ustekinumab." The class action complaint alleges multiple violations of the Sherman Act and various state analogs, as well as violations of state consumer protection laws and unjust enrichment claims.

The are currently six patents listed in the Purple Book for J&J's STELARA (ustekinumab). U.S. Patent No. 6,902,734, which expired on September 25, 2023, claimed the composition of ustekinumab. U.S. Patent No. 10,961,307 ("the '307 patent") is directed to methods of treating colitis with ustekinumab, and according to the Purple Book, expires on September 24, 2039. The four other patents listed in the Purple Book for ustekinumab are directed to methods of

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