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Centocor Ortho Biotech, Inc. v. Abbott Laboratories (Fed. Cir. 2011)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- Today, in Centocor Ortho Biotech, Inc. v. Abbott Laboratories, the Federal Circuit reversed the District Court's denial of judgment as a matter of law ("JMOL") of invalidity, holding the asserted claims of U.S. Patent No. 7,070,775 invalid for lack of written description. Plaintiffs-Appellees Centocor Ortho Biotech, Inc. and New York University ("Centocor") sued Defendants-Appellants Abbott Laboratories, Abbott Bioresearch Center, Inc., and Abbott Biotechnology, Ltd. ("Abbott"), asserting that Abbott's Humira® antibody infringes claims 2, 3, 14, and 15 of the '775 patent, which Centocor owns. At trial, a jury found the asserted claims valid and Abbott liable...

Full post as published by Patent Docs on February 24, 2011 (boomark / email).