District Judge Paul A. Crotty granted defendants Janssen Biotech, Inc. and New York University’s motion to dismiss for the same reasons stated in the related action, Celltrion Heathcare Co. v. Kennedy Trust for Rheumatology Res., 14 Civ. 2256 (PAC), 2014 BL 336845, (S.D.N.Y. Dec. 1, 2014).
However the court found that the instant action “presents an even more compelling reason for dismissal than that presented in Celltrion” because Hospira, who entered into an agreement to co-exclusively market infliximab with Celltrion, is relying solely on Celltrion’s preparations to market infliximab, but also arguing that the Biologics Price Competition and Innovation Act (“BPCIA”) statutory framework does not apply to it because it is not an applicant under the BPCIA. The court found that these arguments were “a microcosm of Hospira’s complaint: it seeks to utilize the BPCIA pathway for approval of its biosimilar drug, yet disavows the BPCIA’s authority over patent disputes.”
Case: Hospira, Inc. v. Janssen Biotech, Inc., 14 Civ. 7049 (PAC), 2014 BL 337273, (S.D.N.Y. Dec. 1, 2014)