AbbVie Pushes Fed. Circ. To Resurrect Antibody Patent Spat

Law360, Washington (March 6, 2014, 7:22 PM EST) -- AbbVie Deutschland GmbH & Co. urged a Federal Circuit panel on Thursday to resurrect two of its antibody patents, alleging that “presumptively prejudicial” jury instructions doomed its infringement suit against a Johnson & Johnson subsidiary.

During oral arguments on Thursday, AbbVie claimed that a Massachusetts federal jury received “one-sided” instructions that downplayed Janssen Biotech's and its predecessor Centocor Biologics LLC's involvement in prior U.S. Patent and Trademark Office proceedings surrounding the two patents-in-suit, giving the companies a second shot at invalidating the antibody patents.

AbbVie maintains...
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