Drug company Abbvie wins patent dispute with charity

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Drug company Abbvie wins patent dispute with charity

Research charity The Kennedy Institute of Rheumatology Trust has lost a patent dispute to pharmaceutical company AbbVie over the rights to Humira, the world’s top-selling drug

The District Court for the Southern District of New York found last month that several claims in the patent, owned by the Kennedy Institute, were invalid.

Before the ruling, the Kennedy Trust had collected more than $100 million in royalties from AbbVie on the patent and hundreds of millions more in royalties from competitors.

The case, AbbVie and AbbVie Biotechnology v The Kennedy Institute of Rheumatology Trust, concerned the Kennedy Institute’s claims relating to US patent 7,846,442, titled “Treatment of Autoimmune and Inflammatory Disorders”. It was argued in September 2012 and the ruling was delivered on June 20 this year.

Judge Paul Crotty found claims 1 through 7, 13, 14, and 17 through 20 invalid for obviousness, and denied the Kennedy Institute’s counterclaim for a declaratory judgment that the claims in question are not invalid.

more from across site and SHARED ros bottom lb

More from across our site

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article