A federal judge in Virginia has permitted health insurer CareFirst’s antitrust and patent fraud claims against Johnson & Johnson (J&J) to proceed, while dismissing certain misrepresentation allegations. The case centers on J&J’s alleged anticompetitive practices concerning Stelara, an immunosuppressive drug used to treat conditions such as Crohn’s disease and ulcerative colitis.
CareFirst, along with other health insurers, initiated the lawsuit in December 2023, accusing J&J of unlawfully delaying the entry of biosimilar competitors to Stelara. The plaintiffs contend that J&J engaged in a series of actions to extend its monopoly beyond the expiration of its primary patent in September 2023. These actions include allegedly defrauding the U.S. Patent and Trademark Office to secure a method-of-use patent for treating ulcerative colitis, acquiring Momenta Pharmaceuticals to control biosimilar manufacturing patents, and enforcing these patents to deter potential competitors. ([bigmoleculewatch.com](https://www.bigmoleculewatch.com/wp-content/uploads/sites/2/2024/01/CareFirst-et-al-v.-JJ-Complaint-Dec-7-2023.pdf?utm_source=openai))
In August 2024, J&J filed a motion to dismiss the amended complaint. The court granted the motion in part and denied it in part, allowing the antitrust and patent fraud claims to move forward while dismissing some misrepresentation claims. ([s203.q4cdn.com](https://s203.q4cdn.com/636242992/files/doc_financials/2025/q1/1Q-10Q-03-30-25-Final.pdf?utm_source=openai))
Subsequently, in December 2025, U.S. District Judge Jamar K. Walker certified a class of third-party payers who indirectly purchased or paid for Stelara between January 1, 2024, and December 31, 2025. The class includes entities that paid for the drug as part of a prescription benefit for their members. The court appointed Hagens Berman Sobol Shapiro LLP and Lowey Dannenberg, P.C. as co-lead class counsel. ([prnewswire.com](https://www.prnewswire.com/news-releases/hagens-berman-sobol-shapiro-llp-and-lowey-dannenberg-pc-announce-certification-of-a-class-of-third-party-payors-who-purchased-or-paid-for-some-or-all-of-the-price-of-stelara-302635803.html?utm_source=openai))
J&J has consistently denied the allegations, asserting that its actions were lawful and aimed at protecting its intellectual property rights. The company maintains that it did not engage in any conduct that would unlawfully delay biosimilar competition. ([pearceip.law](https://www.pearceip.law/2024/03/05/janssen-moves-to-dismiss-insurers-stelara-class-action/?utm_source=openai))
The outcome of this case could have significant implications for the pharmaceutical industry, particularly concerning the strategies employed by brand-name drug manufacturers to extend market exclusivity and the legal boundaries of such practices.