Johnson & Johnson Loses Remicade Patent in Appeal Ruling

  • Remicade patent no different than old patent, agency says
  • Ruling is second big patent loss in two weeks for drugmaker
The Johnson & Johnson logo is arranged for a photograph in New York, U.S., on Monday, April 15, 2013. Johnson & Johnson is scheduled to release earnings data on April 16.

Photographer: Scott Eells/Bloomberg

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Johnson & Johnson’s patent on its top-selling arthritis drug Remicade is invalid, a U.S. appeals court ruled Tuesday in a defeat to the drugmaker that just last week lost a patent on another blockbuster medicine.

The antibodies covered by this patent were already disclosed in an earlier patent, the U.S. Court of Appeals for the Federal Circuit said in a ruling posted on its electronic docket. The court upheld a decision from the U.S. Patent and Trademark Office, making J&J’s appeal of a similar decision from a federal judge moot.