Legal Opinion
AbbVie Inc. v. Mathilda & Terrance Kennedy Institute of Rheumatology Trust
Court of Appeals for the Federal Circuit
Decided August 21, 2014No. 2013-1545PublishedCited by 29 opinions
1Opinion of the Court
DYK, Circuit Judge.
The Mathilda and Terrance Kennedy Institute of Rheumatology Trust (Kennedy) owns U.S. Patent Nos. 7,846,442 (the '442 patent) and 6,270,766 (the '766 patent). Both patents are directed towards methods of treating rheumatoid arthritis by co-administering two drugs. AbbVie, Inc. and AbbVie Biotechnology Ltd. (collectively, AbbVie) are licensees of the '766 patent but not the '442 patent. In 2011, AbbVie sued Kennedy in the Southern District of New York for a declaratory judgment that the '442 patent was invalid under the doctrine of obviousness-type double patenting because…
2Cases cited34 opinions
- Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
- Microsoft Corp. v. i4i Ltd. PartnershipSupreme Court of the United States · 2011
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Pfizer, Inc. v. Apotex, Inc.Court of Appeals for the Federal Circuit · 2007
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