In one of the important jury verdict, an Eastern District of Texas jury has opined that Abbott should pay around $1.6 billion in damages for infringing Centocor and New York university’s following patent on TNF alpha:
US7070775 (Assignee: New York University & Centocor; Date of Grant: July 4, 2006): which covers an isolated recombinant anti-TNF-.alpha. antibody or antigen-binding fragment thereof, said antibody comprising a human constant region, wherein said antibody or antigen binding fragment (i) competitively inhibits binding of A2 (ATCC Accession No. PTA-7045) to human TNF-.alpha., and (ii) binds to a neutralizing epitope of human TNF-.alpha. in vivo with an affinity of at least 1.times.10.sup.8 liter/mole, measured as an association constant (Ka), as determined by Scatchard analysis.
The Jury has found that Abbot’s blockbuster drug Humira infringes claims 2, 3, 14 and 15 of '775 patent. Further, Jury has found the said claims are not invalid in the light of prior art. Also, Jury opined that patent fulfill criteria of patentability as per written description and enablement standard under 35 USC 112.
Also, Jury has found willful infringement against Abbot by clear and convincing evidence. Now, Eastern District of Texas Judge Ward will decide on jury findings.
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