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Fed. Circ. Backs Toss Of AbbVie's Humira License Suit

Law360 (February 5, 2018, 7:56 PM EST) -- The Federal Circuit on Monday affirmed the dismissal of a declaratory judgment suit AbbVie filed seeking to invalidate a patent it licensed from MedImmune for use in the blockbuster drug Humira, ruling the suit can’t proceed because it wouldn’t resolve the companies’ license dispute.

The appeals court ruled that even if MedImmune Ltd.’s patent was found invalid, it would still be unclear whether AbbVie Inc. must continue to pay royalties under the license agreement, which is governed by British law.

Citing U.S. Supreme Court precedent that...
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Case Information

Case Title

AbbVie Inc. v. Medimmune Limited

Case Number



Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

February 27, 2017

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