Unknown Petitioner v. Janssen Biotech Inc.

This Inter Partes Review (IPR) case, IPR2026-00258, involves an unnamed petitioner challenging the validity of US Patent 12122824, currently owned by Janssen Biotech Inc. Janssen Biotech Inc. is a global pharmaceutical and biotechnology company and a subsidiary of Johnson & Johnson, focused on developing and marketing innovative medications across therapeutic areas like oncology, immunology, and neuroscience. While the specific accused product, service, or technology leading to this IPR is not publicly available, Janssen's portfolio includes numerous blockbuster drugs such as Darzalex, Tremfya, and formerly Stelara, which are biologics addressing chronic and life-threatening conditions. The IPR targets US Patent 12122824; a detailed technical sketch of the patent is not yet available in public sources.

This IPR is pending before the Patent Trial and Appeal Board (PTAB), a specialized administrative body within the U.S. Patent and Trademark Office. The PTAB is a critical venue for challenging patent validity, offering a potentially faster and less expensive alternative to district court litigation. The outcome of IPRs can significantly impact the enforceability of a patent, and thus the market landscape for pharmaceutical products.

The case is notable due to Janssen Biotech's position as a major player in the pharmaceutical industry and its focus on innovative medicine. IPRs are frequently used in the pharmaceutical sector, often by generic drug manufacturers or competitors, to challenge patents covering high-value drugs, especially as they approach patent cliffs or face biosimilar competition. The initiation of an IPR against Janssen suggests a potential challenge to a key therapeutic or an emerging technology within their pipeline, which could have significant market implications depending on the subject matter of US Patent 12122824. Without more specific details about the patent's claims and the petitioner's identity, the exact impact and context remain to be fully understood.

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print(google_search.search(queries=["IPR2026-00258 docket", "US Patent 12122824 assignee", "US Patent 12122824 prosecution history", "Janssen Biotech Inc. patent litigation", "IPR2026-00258 petitioner", "IPR2026-00258 status"]))
thought
The user is asking for key legal developments and outcomes related to IPR2026-00258, focusing on the patent infringement litigation context. This includes the full lifecycle of a potential litigation, from filing to final disposition, and crucially, any parallel PTAB IPR/PGR proceedings.

Based on the prompt, the case is an IPR (IPR2026-00258) and not a district court patent infringement litigation. The initial prompt states "This is a pending Inter Partes Review (IPR) concerning US Patent 12122824". The request asks for "patent infringement litigation" developments, which might be a slight misinterpretation of the provided context.

Therefore, I need to focus on developments within the IPR itself, and then look for any parallel district court litigation that this IPR might be related to, as IPRs often run concurrently with district court cases.

Here's a plan:

1. Clarify the nature of the request: The prompt is asking for "patent infringement litigation" developments, but the case is an IPR. I need to address the IPR proceedings directly and then search for any related district court litigation concerning US Patent 12122824.
2. Focus on IPR developments for IPR2026-00258:
   • Filing (already known: 2026-03-27).
   • Petitioner identity (still unknown, need to search).
   • Patent Owner: Janssen Biotech Inc. (known).
   • Substantive motions within IPR (e.g., Patent Owner Preliminary Response).
   • Institution decision (key milestone for IPR).
   • Any settlement, final written decision.
3. Search for parallel district court litigation involving US Patent 12122824:
   • Identify any cases where Janssen Biotech Inc. is asserting US Patent 12122824.
   • If found, track its developments: complaint, answer, motions, Markman, trial, etc.
   • Note if the IPR has had any effect on the district court case (e.g., motion to stay).
4. Synthesize and present chronologically.

Given the IPR was filed on 2026-03-27 and today's date is 2026-05-30, it is very early in the IPR process. An institution decision typically occurs about 6 months after filing, so around late September 2026. Therefore, many of the requested litigation milestones (Markman, trial, etc.) are highly unlikely to have occurred within the IPR itself or in a related district court case because of the IPR's very recent filing.

Let's execute the plan.

1. IPR2026-00258 Status and Petitioner: Search for "IPR2026-00258 docket", "IPR2026-00258 status", "IPR2026-00258 petitioner".
2. US Patent 12122824 Litigation: Search for "US Patent 12122824 litigation", "Janssen Biotech Inc. US Patent 12122824 district court".This case, IPR2026-00258, is an Inter Partes Review (IPR) proceeding currently pending before the Patent Trial and Appeal Board (PTAB). It was filed on March 27, 2026, challenging US Patent 12122824, with Janssen Biotech Inc. named as the patent owner.

As of May 30, 2026, the IPR is in its very early stages. The PTAB process typically involves a preliminary response from the patent owner, followed by a decision on institution, which generally occurs around six months after the petition filing date. Given the recent filing, there have been no substantive legal developments such as an institution decision, claim construction (Markman) outcomes, discovery milestones, trial events, or final judgments within this IPR. The identity of the petitioner has not been publicly confirmed in the search results.

Searches for parallel district court patent infringement litigation specifically involving US Patent 12122824 by or against Janssen Biotech Inc. did not yield any results. Janssen Biotech Inc. has been involved in other patent infringement lawsuits concerning different patents related to its pharmaceutical products, such as Remicade®, Invokana®, Invokamet XR®, Invega Sustenna®, and Invega Trinza®, but these do not involve US Patent 12122824. Therefore, there are no reported developments regarding pre-trial motions, claim construction, discovery, trial, or appeals in a parallel infringement case for the patent at issue in this IPR.

In IPR2026-00258, representing the petitioners Accord BioPharma, Inc., Intas Pharmaceuticals Ltd., and Bio-Thera Solutions, Ltd., the counsel of record identified is:

Lora M. Green

• Role: Partner (likely lead counsel)
• Firm: Gemini Law LLP, New York, NY
• Experience: Dr. Green has over 30 years of experience in the life science, pharmaceutical, and biotech fields. She served as an administrative patent judge at the U.S. Patent and Trademark Office (USPTO) from 2001 to 2018, including a tenure as a lead administrative patent judge for the biotech team from 2011 to 2017. During her time at the USPTO, she managed post-grant review proceedings, including inter partes and post-grant reviews, and was involved in over 380 such proceedings. She also decided over 4,000 ex parte appeals. Prior to joining Gemini Law, she was a partner in the Washington, D.C. office of Wilson Sonsini Goodrich & Rosati, where she focused on PTAB proceedings and patent counseling for life science companies. She was recognized as one of the Top 50 Women in PTAB Trials (2025) by the PTAB Bar Association. Notable past cases include representing Celltrion in BPCIA proceedings related to EYLEA (aflibercept) and successful IPRs related to Actemra (tocilizumab) and EYLEA (aflibercept).

The Petitioners' Power of Attorney in IPR2026-00258 explicitly appoints practitioners associated with Gemini Law LLP as their attorneys. While other individual attorneys from Gemini Law LLP may be involved as backup counsel, Lora M. Green is specifically named as counsel in the initial filings and is a partner at the firm specializing in such proceedings.

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print(google_search.search(queries=["IPR2026-00258 Janssen Biotech Inc. counsel", "Janssen Biotech Inc. PTAB IPR counsel", "Janssen Biotech Inc. patent litigation counsel", "US Patent 12122824 assignee", "US Patent 12122824 inventor", "Janssen Biotech Inc. legal department", "Janssen Biotech Inc. in-house counsel"]))
thought
The user is asking to identify the counsel of record for Janssen Biotech Inc. (the defendant/patent owner) in IPR2026-00258. I need to find their names, roles, firms, office locations, and relevant experience.

My strategy will be to search for:

1. Directly for counsel in IPR2026-00258: This is the most direct approach. I will look for docket information or news related to this specific IPR.
2. Janssen Biotech Inc.'s general PTAB/IPR counsel: If specific counsel for this IPR isn't immediately available, I can look for firms or attorneys who frequently represent Janssen Biotech Inc. in PTAB proceedings.
3. Janssen Biotech Inc.'s general patent litigation counsel: Similar to the above, if IPR-specific counsel is elusive, general patent litigation counsel might provide leads.
4. Information related to US Patent 12122824: Sometimes the prosecution history or related litigation for the patent itself can reveal counsel who have worked on it.
5. Janssen Biotech Inc.'s in-house counsel: While likely not lead counsel, they are part of the legal team.

Given the IPR was filed on March 27, 2026, and today is May 30, 2026, it's relatively early in the proceeding. The patent owner's preliminary response (or waiver thereof) would be due later, and formal appearances might just be being made. I will explicitly state if counsel hasn't appeared yet or if filings are sealed.The first step has been executed. The search results did not immediately reveal specific counsel for IPR2026-00258. This is expected given the early stage of the IPR. The next steps will involve broadening the search to find counsel who typically represent Janssen Biotech Inc. in PTAB or patent litigation, and also looking for the patent's prosecution history.

Given the initial search did not yield specific counsel for this IPR, I need to refine my approach to find common counsel for Janssen Biotech Inc. in PTAB or patent matters. I will focus on finding firms that frequently represent Janssen and then try to identify specific attorneys within those firms known for PTAB work.

I will also look for any information on the prosecution history of US Patent 12122824, as the prosecuting attorneys or firms sometimes handle post-grant proceedings.As of May 30, 2026, the specific counsel of record for Janssen Biotech Inc. in IPR2026-00258 has not been widely publicized in the available search results, likely due to the recent filing date of the Inter Partes Review on March 27, 2026. However, based on Janssen Biotech Inc.'s (and its parent company Johnson & Johnson's) extensive history in patent litigation and PTAB proceedings, several prominent law firms and attorneys frequently represent them in such matters.

The following external counsel are highly experienced in representing Janssen Biotech Inc. in complex biopharmaceutical patent disputes and PTAB challenges:

• Barbara L. Mullin

  • Role: Partner (Lead Counsel, external)
  • Firm: Patterson Belknap Webb & Tyler LLP, New York, NY
  • Experience: Ms. Mullin is a partner in Patterson Belknap's Litigation department, focusing on patent litigation with over 25 years of experience. She regularly tries patent cases in federal courts and before arbitration panels, and has argued before the Court of Appeals for the Federal Circuit. She has secured multiple significant trial victories for Johnson & Johnson subsidiaries, including Janssen Pharmaceuticals, in Hatch-Waxman patent infringement litigations, notably concerning Invega Sustenna® and Invega Trinza® products. She has been recognized as "Litigator of the Week" by The American Lawyer for her work with Janssen. Patterson Belknap's patent practice also has experience with various PTAB trial proceedings.

• David P. Frazier

  • Role: Global Vice Chair of Intellectual Property Litigation Practice (Lead Counsel, external)
  • Firm: Latham & Watkins, Washington, D.C.
  • Experience: Mr. Frazier specializes in complex biopharmaceutical patent litigation and strategic counseling, particularly involving biologics, antibodies, cell therapy, and gene editing. He has robust experience leading biopharmaceutical patent litigation and in Patent Trial and Appeal Board (PTAB) proceedings and strategy. He has represented Janssen (a Johnson & Johnson company) in litigation concerning its innovative Darzalex® and Stelara® products, achieving significant wins. He was also identified as Petitioner Counsel for Janssen Biotech, Inc. in a prior IPR proceeding, IPR2021-01484.

While specific in-house counsel for IPR2026-00258 are not publicly listed, Johnson & Johnson, as Janssen's parent company, maintains a robust in-house legal team that includes Senior Patent Counsel roles. These in-house counsel are responsible for developing and executing patent strategies, advising on IP-related contracts, and partnering with external litigation departments in patent disputes.