Abbott Strikes Back At Bayer Patent Suit Over Humira

Law360, New York (January 6, 2009, 12:00 AM EST) -- Abbott Laboratories has sued Bayer HealthCare LLC for a judgment that a Bayer patent is invalid and unenforceable, firing back at an infringement suit Bayer filed recently seeking to assert the patent against Abbott's hugely popular arthritis drug Humira.

In a complaint filed Monday in the U.S. District Court for the District of Massachusetts, Abbott asked for a declaration that Humira does not infringe U.S. Patent Number 5,654,407, titled “Human anti-TNF antibodies,” and that the '407 patent is invalid and unenforceable under the doctrine of laches,...
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