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Bayer claims Abbott’s Humira infringes its patent

Executive Summary

Bayer filed suit against Abbott Dec. 24 alleging that Humira (adalimumab) infringes its patent covering a composition of human monoclonal antibodies which bind to human tumor necrosis factor alpha. Bayer said the patent, No. 5,654,407, which was issued in 1997, does not cover a specific Bayer drug. Humira, a blockbuster autoimmune therapy, had worldwide sales of $3.1 billion in 2007 and is projected to generate $4.4 billion in sales for 2008 (1"The Pink Sheet," Oct. 20, 2008, p. 5). The complaint, filed in the U.S. District Court for the Eastern District of Texas, requests a jury trial and a finding of willful infringement. Abbott said Humira does not infringe Bayer's patent and that it believes the patent is invalid

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