Abbvie Corporation v. Janssen Inc.

Abbvie Corporation v. Janssen Inc.

Claims 143 and 222 valid and infringed: the inventive concept is the use of human antibodies that bind IL-12 with the claimed minimum koff and IC50 to treat psoriasis; the invention was not obvious as of March 1999; the claims are not overbroad because the claimed functional minima (koff and IC50) are sufficient parameters that a POSITA could apply and there is no evidence embodiments within the claims lack utility; AbbVie's testing placed STELARA within the claimed parameters and Janssen induced infringement by selling STELARA for psoriasis.

Citation
2014 FC 55
Parties
Plaintiff (defendants by Counterclaim): AbbVie Corporation; Plaintiff (defendants by Counterclaim): AbbVie Deutschland GmbH & Co. KG; Plaintiff (defendants by Counterclaim): AbbVie Biotechnology Ltd.; Defendant (plaintiff by Counterclaim): Janssen Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 January 2014
Procedural Posture
Patent Infringement and Validity (pharmaceutical/biotech) / Trial Judgment on Validity and Infringement; Remedies to Be Determined at Second Trial
Outcome
Judgment: claims 143 and 222 of Canadian Patent No. 2,365,281 declared valid and infringed by Janssen Inc.
Legal Topics
Infringement, Validity, Obviousness, Enablement/sufficiency, Claim Construction, Claim Breadth/functional Claiming, Evidence (testing)
Source Language
English
Patent Law Intellectual Property Civil Procedure Pharmaceutical Regulation Biotechnology Infringement Validity Obviousness +4 more

Case Brief

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Parties

AbbVie Corporation

Plaintiff (defendants by Counterclaim)

AbbVie Deutschland GmbH & Co. KG

Plaintiff (defendants by Counterclaim)

AbbVie Biotechnology Ltd.

Plaintiff (defendants by Counterclaim)

Janssen Inc.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Patent Infringement and Validity (pharmaceutical/biotech) / Trial Judgment on Validity and Infringement; Remedies to Be Determined at Second Trial

Legal Issues

  1. 1 Whether claims 143 and 222 are valid
  2. 2 Whether Janssen's STELARA infringes claims 143 and 222
  3. 3 Obviousness of claimed use

Ratio Decidendi

Claims 143 and 222 valid and infringed: the inventive concept is the use of human antibodies that bind IL-12 with the claimed minimum koff and IC50 to treat psoriasis; the invention was not obvious as of March 1999; the claims are not overbroad because the claimed functional minima (koff and IC50) are sufficient parameters that a POSITA could apply and there is no evidence embodiments within the claims lack utility; AbbVie's testing placed STELARA within the claimed parameters and Janssen induced infringement by selling STELARA for psoriasis.

Court Disposition

Judgment: claims 143 and 222 of Canadian Patent No. 2,365,281 declared valid and infringed by Janssen Inc.

Orders

  • Declaration that as between the parties and their privies, claims 143 and 222 of Canadian Letters Patent No. 2,365,281 are valid and have been infringed by Janssen Inc. by promoting, offering for sale, and selling STELARA in Canada
  • Either party may apply to the Office of the Chief Justice to fix a time and place for a second trial in respect of remedies, including election between profits and damages, injunction, extent of infringement and quantum