Abbott Laboratories et al v. The Mathilda and Terence Kennedy Institute of Rheumatology Trust
| Abbott Biotechnology Limited and Abbott Laboratories |
| The Mathilda and Terence Kennedy Institute of Rheumatology Trust |
| 1:2011cv02541 |
| April 13, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Paul A. Crotty |
| Patent |
| 35 U.S.C. ยง 145 |
| Plaintiff |
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Filing
137
MEMORANDUM OPINION & ORDER: Following a bench trial, the Court entered a Declaratory Judgment in favor of Plaintiffs- Counterclaim-Defendants Abbvie Inc. and Abbvie Biotechnology Ltd.s (collectively, Abbott) that certain claims of Defendant-Countercl aim-Plaintiff The Mathilda and Terence Kennedy Institute of Rheumatology Trusts (Kennedy) U.S. Patent No. 7,846,442 (the 442 patent) are invalid for obviousness-type double patenting over Kennedys U.S. Patent No. 6,270,766 (the 766 patent). Abbvie I nc. v. The Mathilda and Terence Kennedy Inst. of Rheumatology Trust, - -- F. Supp. 2d ---, 2013 WL 3853149 (ECF No. 120). Prior to trial, the Court had stayed Kennedys counterclaims that did not address the validity of the 442 patent, pending resolut ion of the parties competing patent validity claims. (ECF No. 67.) The Court now turns to Abbotts motion to stay these counterclaims pending arbitration, and grants the motion. For the foregoing reasons, Abbott's motion to stay Kennedy's counterclaims pending arbitration is GRANTED. (Signed by Judge Paul A. Crotty on 9/3/2013) (rsh)
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Filing
101
ORDER re: 69 : The Court declines as a matter of discretion to empanel an advisory jury because a jury would not aid resolution of this complicated case. Accordingly, Abbott's motion to strike the jury demand is GRANTED. SO ORDERED. (Signed by Judge Paul A. Crotty on Setember 11, 2012) (mov)
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