Munger Tolles Helps Abbott Defeat Bayer Patent Suit 

Munger, Tolles & Olson attorneys successfully defeated a bid by Bayer AG to recover royalties from our client Abbott Laboratories for U.S. sales of the arthritis drug Humira.

A judgment entered on Jan. 11, 2011 in U.S. District Court of Massachusetts rejected the attempt by Bayer, which had sued Abbott in 2008 for patent infringement.

Following a Markman hearing, U.S. District Judge Dennis Saylor ruled in October that Bayer’s patent for antibodies could not be construed in a manner that would cover Humira, Abbott’s best-selling drug. The court accordingly entered a stipulated judgment of non-infringement. Bayer will now appeal the case to the United States Court of Appeals for the Federal Circuit.

Munger Tolles' Jeffrey I. Weinberger led the team that also included Garth T. Vincent, Ted Dane, Jennifer L. Polse, Heather E. Takahashi and Adam R. Lawton.