Sughrue Continues Winning Streak in Interference Proceedings

On August 6, 2009 Sughrue Mion, representing Abbott Laboratories, prevailed in an patent interference proceeding pertaining to a fully human antibody directed to human IL-12, an immunoregulatory substance found in humans. The technology is a breakthrough biological therapeutic with tremendous potential, according to industry analysts Brian Marckx and Jason Napodano, who stated “The candidate offers multi-billion dollar potential, in our view.” Johnson and Johnson (through wholly owned subsidiary Centocor) alleged that Centocor invented the antibody first even though Abbott obtained U.S. Patent Ser. No. 6,914,128 which claims the technology. However, a three judge panel of the Board of Appeals and Patent Interferences, in a highly technically detailed 114 page opinion, rejected Johnson and Johnson’s assertion and instead found that Abbott first invented the human antibody to human IL-12. The team at Sughrue Mion was led by John Callahan. Dr. William Simmons was back up counsel in the interference. Keiko Takagi, Travis Ribar, Joe Hsiao, Brian Shelton, Katherine Jarosz, Andrew Scherer, Jessica Dyer and Elaine Barton were on the team. Peter Olexy contributed to this victory.