United States Federal Circuit
Abbvie Inc. v. Kennedy Inst. of Rheumatology, 13-1545
In this patent litigation, defendant owns US Patents '442 and '776, both directed towards methods of treating rheumatoid arthritis, and plaintiffs are licensees of the '766 patent but not the '422 patent. Declaratory judgment of invalidity for the '442 patent is affirmed, where, under the doctrine of obviousness-type double patenting, the ‘442 patent was not patentably distinct from the '766 patent.
Appellate Information
- Decided 08/21/2014
- Published 08/21/2014
Judges
- DYK
Court
- United States Federal Circuit