Johnson and Johnson 2014 Annual Report Download - page 67

In December 2014, Bonutti Skeletal Innovations LLC (Bonutti) sued DePuy Synthes Sales, Inc. and DePuy Synthes
Products, Inc. in the United States District Court for the District of Massachusetts, alleging that DePuy Synthes’s product
line of spine implants infringes six patents owned by Bonutti, generally covering wedge implants and their methods of
implantation.
Pharmaceutical
In May 2009, Abbott Biotechnology Ltd. (Abbott) filed a patent infringement lawsuit against Centocor, Inc. (Centocor)
(now Janssen Biotech, Inc. (JBI)) in the United States District Court for the District of Massachusetts alleging that
SIMPONI®infringes Abbott’s U.S. Patent Nos. 7,223,394 and 7,541,031 (the Salfeld patents). Abbott was seeking
monetary damages and injunctive relief. The parties have settled the case.
In August 2009, Abbott GmbH & Co. (Abbott GmbH) and Abbott Bioresearch Center (collectively now referred to as,
AbbVie) filed a patent infringement lawsuit against Centocor (now JBI) in the United States District Court for the District of
Massachusetts alleging that STELARA®infringes two United States patents assigned to Abbott GmbH. Trial was held in
September 2012 and a jury returned a verdict in favor of JBI, invalidating AbbVie’s patent claims. AbbVie appealed, and in
July 2014, the Court of Appeals for the Federal Circuit affirmed the lower court’s ruling. Also in August 2009, Abbott
GmbH and Abbott Laboratories Limited (collectively now referred to as, AbbVie) brought a patent infringement lawsuit in
The Federal Court of Canada alleging that STELARA®infringes Abbott GmbH’s Canadian patent. A trial was held in
December 2013 in the Canadian case and the Court ruled in favor of AbbVie, finding that the asserted claims were valid
and infringed by STELARA®. JBI appealed that decision. In May 2014, AbbVie’s motion for an injunction was granted in
part, and JBI also appealed that decision. In October 2014, the appellate court overturned the finding of liability, remanded
the case to the trial court for re-trial, and lifted the injunction. In addition to the U.S. and Canadian litigations, in August
2012, AbbVie filed patent infringement lawsuits related to STELARA®in the Netherlands, Switzerland and Germany. The
parties have settled all of the cases discussed above related to STELARA®.
In 2012 and 2013, Noramco, Inc. (Noramco), a subsidiary of Johnson & Johnson, moved to intervene in several patent
infringement lawsuits filed in the United States District Court for the Southern District of New York by Purdue Pharma L.P.
and others (Purdue) against Noramco oxycodone customers, Impax Laboratories, Inc. (Impax), Teva Pharmaceuticals USA,
Inc. (Teva) and Amneal Pharmaceuticals, LLC (Amneal), Watson Laboratories, Inc.- Florida (Watson) and Andrx Labs, LLC
(Andrx). The lawsuits are in response to the defendants’ respective Abbreviated New Drug Applications seeking approval
to market generic extended release oxycodone products before the expiration of certain Purdue patents. Three of the
asserted patents relate to oxycodone and processes for making oxycodone, and Noramco has agreed to defend the
lawsuits on behalf of Impax, Teva, Amneal, Watson, and Andrx. In April 2013, Watson and Andrx entered into a settlement
with Purdue. The trial against Impax and Teva (as well as two parties not defended by Noramco) took place in September
2013, and Noramco defended Teva and Impax. In November 2013, Impax entered into a settlement with Purdue. In
January 2014, the Court issued a decision invalidating the relevant Purdue patents and subsequently dismissed the
lawsuit against Amneal (and other parties not defended by Noramco). Purdue has appealed the Court’s decision. In
December 2014, Teva entered into a confidential settlement with Purdue, and Teva subsequently moved to have the
appeal dismissed as moot in view of the settlement. Purdue has opposed Teva’s motion.
In August 2012, Dr. James M. Swanson filed a lawsuit against ALZA Corporation (ALZA) in the Northern District of
California seeking to be added as an inventor on three ALZA-owned patents relating to CONCERTA®. Alternatively,
Dr. Swanson has alleged that the patents-in-suit are invalid as a result of ALZA’s alleged omission of Dr. Swanson as a
named inventor. The lawsuit also includes claims of fraud, breach of fiduciary duty and unfair competition. Dr. Swanson is
seeking damages and an award of unjust enrichment. ALZA filed a motion to dismiss Dr. Swanson’s claims, as well as
counterclaims for breach of contract and negligent misrepresentation. The Court granted the motion in part, and denied it
in part. ALZA filed a motion for summary judgment on the issue of inventorship and a hearing was held in February 2015.
The parties are awaiting a decision.
Johnson & Johnson acquired the prostate cancer business of Aragon Pharmaceuticals, Inc. (Aragon), including ARN-509,
a compound being tested for treatment of prostate cancer, in September 2013. Prior to the acquisition, in May 2011,
Medivation, Inc. (Medivation) had sued Aragon and the University of California seeking rights to ARN-509. In December
2012, the State Court granted summary judgment to Aragon on Medivation’s claims, awarding the rights of the ARN-509
compound to Aragon, and in January 2013, the Court dismissed the case against Aragon. Medivation has appealed.
REMICADE®Related Cases
In March 2013, Hospira Healthcare Corporation (Hospira) filed an impeachment proceeding against The Kennedy Institute
of Rheumatology (Kennedy) challenging the validity of a Canadian patent related to REMICADE®(a Feldman patent),
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