It’s safe to say that Abbott Laboratories isn’t taking the largest patent verdict in U.S. history—$1.67 billion—lightly. Just over a month after an Eastern District of Texas jury said Abbott’s top-selling autoimmune drug, Humira, infringed a patent that Johnson & Johnson’s Centocor unit licenses from New York University, Abbott fired back with a suit against Centocor in Massachusetts federal court. The claim: that Centocor’s Stelara—a looming Humira competitor that is already approved for use in the European Union and Canada—infringes Abbott’s patent.
Meanwhile, if the Texas verdict survives Abbott’s claims of inequitable conduct, heard on August 4 before Judge John Ward in Marshall, the award still faces an inevitable Federal Circuit appeal. Imagine the density of patent lawyers per square foot at the appeals court if the historic verdict does arrive there for argument.
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