Akin Gump Nets Federal Circuit Win for Janssen Biotech Against Infringement Claims

(Philadelphia) – An Akin Gump team led by intellectual property partner Dianne Elderkin successfully defended Janssen Biotech Inc. in an appellate battle centered on AbbVie Inc.’s accusation that Janssen’s Stelara, used in the treatment of psoriasis, infringed two AbbVie antibody patents.

The Federal Circuit affirmed 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, holding 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.

The trial team comprised Elderkin and IP partners Barbara Mullin, Steven Maslowski and Matthew Pearson, senior counsel Angela Verrecchio and counsel Emily Johnson.

The Akin Gump team also represented Janssen in the aforementioned district court case; more information about that victory can be found by clicking here.

Founded in 1945, Akin Gump Strauss Hauer & Feld LLP is a leading international law firm with more than 850 attorneys in offices throughout the United States, Europe, Asia and the Middle East.

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