Abbott is accusing Centocor of infringing several patents related to drugs used to treat reheumatoid arthritis. (Another case between the parties involves drugs used to treat psoriasis.) Abbott moved for judgment on the pleadings / summary judgment on a number of Centocor’s affirmative defenses. Defenses for express license and implied license were removed due to an intervening arbitrator’s decision (and Centocor’s agreement that such defenses could not be raised). The defense of equitable estoppel was referred to arbitration by Judge Saylor in view of a previous agreement between the parties.
Abbott Biotechnology Ltd. v. Centocor Ortho Biotech, Inc., 09-40089-FDS (D. Mass. Oct. 3, 2011)
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