Federal Judiciary

Jury verdict in Centocor v. Abbott

By Michael C. Smith

A Marshall jury in Judge Ward's court rendered a verdict in favor of  the plaintiff Centocor today.  The jury sent out five notes before finding that the defendant infringed all four of the asserted claims.  The jury found that Abbott had failed to show by clear and convincing evidence that the claims were invalid for failure to meet the enablement requirement, the written description requirement, or as anticipated, and that the plaintiff had shown by clear and convincing evidence that the infringement was willful.  

Damages were set at $1.168 billion dollars in lost profits, and $504.128 million in royalties.

Full post as published by Eastern District of Texas Federal Court Practice on June 29, 2009 (boomark / email).