Comments on: Bayer Sues Abbott Over Humira, Abbott Thanks Them With Their Own Lawsuit http://www.patentbaristas.com/archives/2009/01/08/bayer-sues-abbott-over-humira-abbott-thanks-them-with-their-own-lawsuit/?utm_source=rss&utm_medium=rss&utm_campaign=bayer-sues-abbott-over-humira-abbott-thanks-them-with-their-own-lawsuit Freshly Brewed Bio/Pharma Chat. Served Up Daily. Tue, 07 Feb 2012 11:57:58 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Abbott v. Bayer (Round 2) http://www.patentbaristas.com/archives/2009/01/08/bayer-sues-abbott-over-humira-abbott-thanks-them-with-their-own-lawsuit/comment-page-1/#comment-65285 Abbott v. Bayer (Round 2) Tue, 13 Jan 2009 00:23:40 +0000 http://www.patentbaristas.com/archives/2009/01/08/bayer-sues-abbott-over-humira-abbott-thanks-them-with-their-own-lawsuit/#comment-65285 [...] alleging non-infringement, invalidity, and unenforceability of the ‘407 patent.  As predicted on Patent Baristas, the doctrine of laches was cited in Abbott’s [...] [...] alleging non-infringement, invalidity, and unenforceability of the ‘407 patent.  As predicted on Patent Baristas, the doctrine of laches was cited in Abbott’s [...]

]]> By: patrea pabst http://www.patentbaristas.com/archives/2009/01/08/bayer-sues-abbott-over-humira-abbott-thanks-them-with-their-own-lawsuit/comment-page-1/#comment-65239 patrea pabst Fri, 09 Jan 2009 18:48:39 +0000 http://www.patentbaristas.com/archives/2009/01/08/bayer-sues-abbott-over-humira-abbott-thanks-them-with-their-own-lawsuit/#comment-65239 the obvious question is whether they have been in licensing negotiations which broke down. that would constitute exceptional circumstances and explain delay. the obvious question is whether they have been in licensing negotiations which broke down. that would constitute exceptional circumstances and explain delay.

]]> By: the antibody blog http://www.patentbaristas.com/archives/2009/01/08/bayer-sues-abbott-over-humira-abbott-thanks-them-with-their-own-lawsuit/comment-page-1/#comment-65231 the antibody blog Fri, 09 Jan 2009 00:12:33 +0000 http://www.patentbaristas.com/archives/2009/01/08/bayer-sues-abbott-over-humira-abbott-thanks-them-with-their-own-lawsuit/#comment-65231 Fantastic summary, Stephen - thank you. One minor clarification: Humira is actually a fully *human* antibody, not a humanized antibody. It was isolated from human repertoires using phage display. Infliximab is actually a chimeric antibody, making it fall outside of the scope of the "human" claim in the Bayer patent. Likewise, etanercept isn't really an antibody, but rather a receptor-Fc fusion protein (as you noted), which also falls outside of the scope of Bayer's claims. However, golimumab, J&J's "next generation" anti-TNF antibody may be entering the market in the near future. This antibody *is* human, and its potentially imminent approval may also be a reason why Bayer chose to act now. Fantastic summary, Stephen – thank you.

One minor clarification: Humira is actually a fully *human* antibody, not a humanized antibody. It was isolated from human repertoires using phage display.

Infliximab is actually a chimeric antibody, making it fall outside of the scope of the “human” claim in the Bayer patent. Likewise, etanercept isn’t really an antibody, but rather a receptor-Fc fusion protein (as you noted), which also falls outside of the scope of Bayer’s claims.

However, golimumab, J&J’s “next generation” anti-TNF antibody may be entering the market in the near future. This antibody *is* human, and its potentially imminent approval may also be a reason why Bayer chose to act now.

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