CENTOCOR ORTHO BIOTECH v. ABBOTT LABORATORIES

No. 2010-1144.

636 F.3d 1341 (2011)

CENTOCOR ORTHO BIOTECH, INC. and New York University, Plaintiffs-Appellees, v. ABBOTT LABORATORIES, Abbott Bioresearch Center, Inc., and Abbott Biotechnology Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

February 23, 2011.


Attorney(s) appearing for the Case

Dianne B. Elderkin , Akin Gump Strauss Hauer & Feld LLP, of Philadelphia, PA, argued for plaintiffs-appellees. With her on the brief were Barbara L. Mullin , Steven D. Maslowski , Angela Verrecchio , and Matthew A. Pearson . Of counsel on the brief were Philip S. Johnson and Eric I. Harris , Johnson & Johnson, of New Brunswick, NJ.

William F. Lee , Wilmer Cutler Pickering Hale and Dorr LLP, of Boston, MA, argued for defendants-appellants. With him on the brief were Willaim G. Mcelwain , Amy K. Wigmore , Thomas G. Saunders , and Arthur W. Coviello , of Washington, DC.

Oakar Liivak , Cornell Law School, of Ithaca, NY, for amicus curiae Professor Oskar Liivak.

Mark J. Stewart , Eli Lilly and Company, of Indianapolis, IN, for amicus curiae Eli Lilly and Company. With him on the brief were Alejandro Martinez , Paul R. Cantrell , Amy E. Hamilton , and Robert A. Armitage.

Before BRYSON, CLEVENGER, and PROST, Circuit Judges.


PROST, Circuit Judge.

This patent infringement suit involves pharmaceutical antibodies used to treat arthritis. The patent owners, Centocor Ortho Biotech, Inc. and New York University (collectively, "Centocor") sued Abbott Laboratories, Abbott Bioresearch Center, Inc., and Abbott Biotechnology Ltd. (collectively, "Abbott"), alleging that Abbott's Humira® antibody infringes claims 2, 3, 14, and 15 ("the asserted claims") of U.S. Patent No. 7,070,775 ("'775 patent...

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