Janssen Biotech, Inc. v. Celltrion Healthcare Co. Ltd. at al. (17-cv-11008).

  • February 23, 2018

Judge Wolf denied defendants 2019 motion to dismiss Janssen 2019s counterclaim of violation of 35 U.S.C. 00a7 271(f), finding that the counterclaim pled all of the necessary elements of such a claim. Janssen did not bring this claim in its original complaint, instead bringing it in its answer to the defendants 2019 counterclaim seeking a declaration of non-infringement and invalidity. Judge Wolf found the counterclaim to be of right to Janssen as a compulsory counterclaim, as opposed to an amended pleading that would require leave of court.

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