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ABBVIE v. MATHILDA & TERENCE KENNEDY INSTITUTE

No. 2013-1545.

764 F.3d 1366 (2014)

ABBVIE INC. and Abbvie Biotechnology Limited, Plaintiffs-Appellees, v. The MATHILDA AND TERENCE KENNEDY INSTITUTE OF RHEUMATOLOGY TRUST, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 21, 2014.

Attorney(s) appearing for the Case

Mark A. Perry , Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Wayne M. Barsky and Timothy P. Best , of Los Angeles, CA. Of counsel on the brief were John P. White , Norman H. Zivin and Robert T. Maldonado , Cooper & Dunham LLP, of New York, New York.

Michael A. Morin , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were David P. Frazier , Casey L. Dwyer and Cora R. Holt.

Before DYK, WALLACH, and CHEN, Circuit Judges.

DYK, Circuit Judge.

The Mathilda and Terrance Kennedy Institute of Rheumatology Trust (Kennedy) owns U.S. Patent Nos. 7,846,442 (the '442 patent) and 6,270,766 (the '766 patent). Both patents are directed towards methods of treating rheumatoid arthritis by co-administering two drugs. AbbVie, Inc. and AbbVie Biotechnology Ltd. (collectively, AbbVie) are licensees of the '766 patent but not the '442 patent. In 2011, AbbVie sued Kennedy in the Southern District of New...

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