Akin Gump Strauss Hauer & Feld LLP intellectual property partner Dianne Elderkin led the team that successfully defended Janssen Biotech Inc. in appellate court against claims the company infringed two patents, according to the firm. The case revolved around claims by AbbVie Inc. that Janssen’s Stelara, used to treat psoriasis, infringed two AbbVie antibody patents.
The U.S. Court of Appeals for the Federal Circuit affirmed in Abbvie Deutschland v. Janssen Biotech and Centorcor Biologics, App. No. 2013-1338, -1346 (Fed. Cir., July 1, 2014) a Massachusetts District Court’s judgments of invalidity in the infringement action and a separate review of a Patent Office decision in an interference action. The decision, written by Judge Alan D. Lourie, found that “record evidence sufficiently supported the jury verdict that the asserted claims lacked adequate written description.” The Federal Circuit also rejected AbbVie’s collateral estoppel argument and its request for a new trial based on an allegedly erroneous evidentiary ruling and jury instruction.