On December 7, 2023, Lowey Dannenberg, P.C. and its co-counsel, representing named Plaintiff CareFirst BlueCross BlueShield,filed suit against Stelara manufacturer Johnson & Johnson (“J&J”) in the U.S. District Court for the Eastern District of Virginia. The Complaint alleges that J&J is engaged in an ongoing scheme to delay the entry of biosimilar competition for Stelara, thereby monopolizing the lucrative market beyond the date of its legitimate patent exclusivity. The conduct alleged includes defrauding the U.S. Patent and Trademark Office and filing vexatious infringement actions against would-be biosimilar competitors. Acting on behalf of a nationwide class of end-payors, CareFirst seeks injunctive relief under federal antitrust law and damages under state antitrust and consumer protection law. The action, CareFirst of Md., Inc. et al. v. Johnson & Johnson et al., No. 2:23-cv-00629 (E.D. Va.), is being heard by Judge Jamar K. Walker.
In 2022 alone, J&J earned more than $6.35 billion in sales in the U.S. and nearly $10 billion worldwide. In fact, in August, the U.S. Department of Health and Human Services selected ten—and only ten—drugs for which the Medicare program would negotiate drug prices under the new Inflation Reduction Act. One of the drugs on this short list was Stelara. If successful, this class action will break J&J’s unlawful monopoly and enable payors and consumers to obtain affordable medication for plaque psoriasis and psoriatic arthritis. For more information, please contact Uriel Rabinovitz at urabinovitz@lowey.com.