Context: CareFirst of Maryland, Inc. filed a putative class action against Johnson & Johnson in December 2023, alleging that Johnson & Johnson willfully maintained its monopoly over Stelara (ustekinumab), a biologic drug used to treat psoriasis, psoriatic arthritis, ulcerative colitis, and Crohn’s disease, in violation of Section 2 of the Sherman Act. The theory centers on Johnson & Johnson’s 2020 acquisition of Momenta Pharmaceuticals and its later assertion of Momenta’s patent portfolio against Amgen, Inc. and other ustekinumab biosimilar makers. The United States District Court for the Eastern District of Virginia (Judge Jamar K. Walker) initially denied Johnson & Johnson summary judgment on that theory, then reversed itself on reconsideration, holding that CareFirst needed to show Johnson & Johnson specifically intended to exclude rivals. CareFirst appealed to the U.S. Court of Appeals for the Fourth Circuit in 2025.
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Court and counsel
Court: U.S. Court of Appeals for the Fourth Circuit.
Appellants: CareFirst of Maryland, Inc., Group Hospitalization and Medical Services Inc., CareFirst Bluechoice Inc. represented by Glasser and Glasser P.L.C’s Kip A. Harbison.
Appellees: Johnson & Johnson and Janssen Biotech, Inc. represented by Dechert LLP’s Christina Guerola Sarchio.
Amicus Curiae: Federal Trade Commission
The FTC was represented by in-house counsel: Daniel Guarnera (Director), Brendan T. Chestnut (Director), Taylor C. Hoogendoorn (Deputy Director), Kara L. Monahan (Deputy Assistant Director), Armine Black (Attorney, Bureau of Competition), and Anupama Sawkar (Chief Counsel for Intellectual Property, Office of Policy Planning).