Litigation Details for JANSSEN PRODUCTS, L.P. v. EVENUS PHARMACEUTICALS LABORATORIES INC. (D.N.J. 2020)

JANSSEN PRODUCTS, L.P. v. EVENUS PHARMACEUTICALS LABORATORIES INC. (D.N.J. 2020)

Docket		Date Filed	2020-07-23
Court	District Court, D. New Jersey	Date Terminated
Cause	35:271 Patent Infringement	Assigned To
Jury Demand		Referred To
Patents	8,895,557
Link to Docket	External link to docket

Details for JANSSEN PRODUCTS, L.P. v. EVENUS PHARMACEUTICALS LABORATORIES INC. (D.N.J. 2020)

Date Filed	Document No.	Description	Snippet	Link To Document
2020-07-23				External link to document
2020-07-23	222	Opinion	7644 States Patent Nos. 8,895,557 (“the ‘557 Patent”) and 7,420,051 (“the ‘051 Patent,” together, the…filing this patent infringement suit. In accordance with this district’s Local Patent Rules, the parties…Court construes a single disputed claim term in a patent that is directed to trabectedin anti-tumor drug…PROCEDURAL HISTORY Plaintiffs bring this patent infringement suit against Defendants 1 for infringement…the “patents in suit”) based on the filing of two Abbreviated New Drug Applications (“ANDAs”) with	External link to document

Litigation Summary and Analysis for JANSSEN PRODUCTS, L.P. v. EVENUS PHARMACEUTICALS LABORATORIES INC.

Case Overview

The litigation between Janssen Products, L.P. and eVenus Pharmaceuticals Laboratories Inc. is a complex and multifaceted case involving patent infringement and trade secret misappropriation. Here is a detailed summary and analysis of the key aspects of this case.

Background and Context

Janssen Products, L.P., a subsidiary of Johnson & Johnson, and Pharma Mar, S.A. developed an injectable version of the cancer drug trabectedin, marketed as Yondelis. This development involved significant investment, with Janssen spending over 10 years and half a billion dollars. The drug was approved by the FDA in 2015 for use in certain cancer patients[1].

Patent Infringement Claims

In 2017, eVenus Pharmaceuticals Laboratories Inc., along with its affiliates and other defendants, sought FDA approval to market a generic version of trabectedin. Janssen and Pharma Mar sued eVenus for patent infringement, alleging that the defendants were infringing on their patented manufacturing processes[1][3].

Trade Secret Misappropriation

During the discovery process, Janssen obtained documents indicating that eVenus had misappropriated trade secrets related to the manufacturing methods and specifications of trabectedin. This led Janssen to file an additional lawsuit under the Defend Trade Secrets Act (DTSA)[1].

Seizure Order and Spoliation Concerns

Janssen, concerned about the potential spoliation of evidence, filed an ex parte application to seize eVenus’s network servers, stored data, laptops, and cell phones. However, the district court denied this application, citing insufficient evidence that eVenus was in possession of the property at the proposed seizure location and a lack of immediate and irreparable harm. The Third Circuit later dismissed an appeal for lack of jurisdiction, as a DTSA seizure order is directed to law enforcement and not enforceable by contempt against the party[1].

Court Proceedings and Filings

The case, filed in the US District Court for the District of New Jersey (Case Number: 3:2020cv09369), involved numerous filings and motions. Key filings include motions to compel, motions to seal, and letters from both parties regarding extensions of deadlines and disputes over redactions and attorney-client privilege[2].

Motions and Rulings

• Motion to Compel: Janssen challenged redactions made by eVenus, which were partially granted and partially denied by the court. The court allowed some redactions related to relevancy but denied those related to attorney-client privilege and work product doctrine[2].
• Motions to Seal: There were multiple requests to seal documents, with the court granting extensions for filing motions to seal. This indicates the sensitive nature of the information involved[2].
• Protective Orders: eVenus defendants filed motions for a protective order or to stay the proceedings, which were opposed by Janssen and Pharma Mar[2].

Settlement and Resolution

In May 2024, Janssen and Pharma Mar reached a settlement with eVenus to end the trade secret fight. This settlement resolved the allegations of trade secret misappropriation and patent infringement, although the terms of the settlement were not publicly disclosed[3].

Key Takeaways

• Significant Investment: Janssen invested heavily in developing trabectedin, highlighting the importance of protecting intellectual property.
• Complex Litigation: The case involved multiple legal avenues, including patent infringement and trade secret misappropriation.
• Court Rulings: The district court and appellate court rulings underscore the stringent standards for obtaining seizure orders and the importance of jurisdictional issues.
• Settlement: The resolution through settlement indicates that parties can find mutually beneficial agreements even in complex and contentious litigation.

FAQs

What was the main issue in the Janssen v. eVenus litigation?

The main issue was patent infringement and trade secret misappropriation related to the cancer drug trabectedin.

How much did Janssen invest in developing trabectedin?

Janssen spent over 10 years and half a billion dollars developing trabectedin.

Why did Janssen seek a seizure order?

Janssen sought a seizure order due to concerns about the potential spoliation of evidence by eVenus.

What was the outcome of the seizure order application?

The district court denied the application, and the Third Circuit dismissed the appeal for lack of jurisdiction.

How was the litigation resolved?

The litigation was resolved through a settlement between Janssen, Pharma Mar, and eVenus in May 2024.

Cited Sources:

1. Janssen Products LP v. Evenus Pharmaceuticals Laboratories Inc., No. 22-2426 (3d Cir. 2023)
2. JANSSEN PRODUCTS, L.P. et al v. EVENUS PHARMACEUTICALS LABORATORIES INC. et al, Case Number: 3:2020cv09369
3. J&J Unit Cuts Deal To End Cancer Drug Trade Secret Fight - Law360