Abbott claims J&J's psoriasis drug infringes patents
Abbott Laboratories, which is fighting to void a $1.67 billion patent-infringement verdict won by Johnson & Johnson's Centocor unit, filed a lawsuit claiming a J&J drug is using its inventions without permission.
The complaint, filed yesterday in federal court in Boston, claims Centocor's Stelara drug is made using technology developed by Abbott and protected by U.S. patents. Abbott, based in Abbott Park, Illinois, seeks a court order to block use of its inventions and cash compensation.
In June, a federal jury awarded J&J $1.67 billion -- the biggest patent verdict in U.S. history -- over Abbott's biggest product, the arthritis drug Humira. Abbott has a suit pending against J&J over Centocor's new Simponi arthritis treatment.
The patents in the new case are for human antibodies that bind a substance called interleukin-12, or IL-12, that regulates the immune system. Overproduction of the substance triggers an overactive immune system response, which in turn causes excess skin cells that pile up and form painful and disfiguring plaques, according to the complaint.
J&J is "reviewing the complaint and will vigorously contest it," said Brian Kenney, a spokesman for Centocor. J&J, based in New Brunswick, New Jersey, is the world's biggest maker of health-care products.
Abbott Testing
Abbott is testing its antibodies, known only as ABT-874, on humans as part of an effort to get U.S. Food and Drug Administration approval for treatment of psoriasis and Crohn's Disease. The patents aren't for Humira, and the new suit isn't connected to the J&J verdict in Texas, said Scott Stoffel, an Abbott spokesman.
Centocor developed a competing antibody, chemically known as ustekinumab, after Abbott, according to the complaint. Centocor claimed it made its invention first, and sought to prevent the U.S. Patent and Trademark Office from issuing one of the Abbott patents. It lost that effort in an Aug. 6 decision, Abbott said.
"Centocor now seeks to benefit from Abbott's patented technology through the manufacture, use and sale of its later- developed anti-IL-12 antibody, ustekinumab, marketed under the trade name Stelara," Abbott said in the complaint.
The FDA is scheduled to decide on the company's application to sell Stelara in the U.S. by Aug. 26. The drug is already sold in Canada and Europe.
Humira Verdict
In the Humira case, Abbott has filed court papers seeking to have the verdict thrown out, for a new trial or for a reduction in the jury award. It also claimed that the patent, owned by New York University and licensed to J&J, should be deemed unenforceable, arguing that the patent office was misled during the application process.
A trial was held on that issue Aug. 4 in Marshall, Texas, and the lawyers have until Aug. 21 to file post-trial arguments.
Abbott fell 7 cents to $44.45 at 11:38 a.m. in New York Stock Exchange composite trading. J&J fell 54 cents to $60.18.
The Stelara case is Abbott GmbH & Co. v. Centocor Ortho Biotech Inc., 09cv11340, U.S. District Court for the District of Massachusetts (Boston). The Humira case is Centocor Inc. v. Abbott Laboratories, 07cv139, U.S. District Court, Eastern District of Texas (Marshall). The Simponi case is Abbott Biotechnology Ltd. v. Centocor Ortho Biotech Inc., 09cv40089, U.S. District Court for the District of Massachusetts (Worcester).