Firm Secures Third Consecutive Patent Litigation Win for Janssen Pharmaceuticals

March, 2024 - New York, New York

On February 26, 2024, Patterson Belknap obtained a significant victory on behalf of our clients, Johnson & Johnson (J&J) subsidiaries Janssen Pharmaceuticals, Inc. and Janssen Pharmaceutica NV (Janssen), in a Hatch-Waxman patent infringement litigation regarding drug maker Tolmar’s proposed generic versions of Janssen’s blockbuster long-acting-injectable antipsychotic drug Invega Sustenna®. Following an October 2023 trial, the U.S. District Court for the District of Delaware ruled in Janssen’s favor, finding Tolmar liable for infringement of the patent-in-suit and rejecting Tolmar’s claims to invalidity. The court’s opinion will enable J&J to continue reinvesting its revenue from the sales of Invega Sustenna® into the development of new treatments and will allow J&J to fund research for future pharmaceutical development.

We previously represented Janssen Pharmaceuticals, Inc. and Janssen Pharmaceutica NV in a successful Hatch-Waxman patent infringement case against the drugmaker Teva Pharmaceuticals also regarding its proposed generic version of Janssen’s Invega Sustenna®. We also previously represented Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica NV, and Janssen Research & Development, LLC in a successful Hatch-Waxman patent infringement case against Mylan’s proposed generic versions of Janssen’s Invega Trinza® product. At stake in the case were nearly 13 years of patent protection provided by the sole patent covering Invega Trinza.

To read the court’s opinion, click here.

To read press from Law360, click here.

To read press from Bloomberg, click here.

dots