Yesterday, in the Janssen v. Celltrion action, Janssen filed a supplemental brief on the issue of whether Hospira may be liable for infringement on the theories of joint enterprise, agency, or contract.  As we previously reported, the Court ordered the parties to brief this issue after it arose during oral arguments on the motions for summary judgment, but the Court felt it had not been raised or addressed in the parties’ briefs.

In its supplemental brief, Janssen argues that Hospira, together with Celltrion, is engaged in a joint enterprise for the development and commercialization of Inflectra®, and that each of these entities would be liable for wrongdoing by the other in furtherance of the joint enterprise.

Today, the parties also submitted a stipulated schedule of pre-trial disclosures and submissions, mainly regarding exhibit and witness lists.