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Intellectual PropertyColumns & DepartmentsLitigationPatent LitigationThe Intellectual Property Strategist

IP News

By Jeff Ginsberg and Dorothy LeRay
May 01, 2018

Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication

On Feb. 5, 2018, a Federal Circuit panel of Judges Prost, Dyk, and Chen issued a unanimous opinion, authored by Judge Dyk, in AbbVie Inc. v. MedImmune Ltd., 881 F.3d 1334 (Fed. Cir. 2018). Despite finding that the district court relied on incorrect grounds, the panel affirmed the dismissal of the action without prejudice due to lack of declaratory-judgment jurisdiction.

Under an agreement that led to the development of the blockbuster antibody drug Humira, Abbvie was obligated to pay MedImmune royalties on sales of certain antibodies until “the last to expire of [certain] Patents or the expiry of fifteen years from the date of First Commercial Sale of a Product by [AbbVie's predecessor] … (whichever is later).” Id. at 1335. In hopes of ending its royalty obligations early, Abbvie brought a declaratory-judgment action in the Eastern District of Virginia, seeking a declaration that the sole patent-at-issue was invalid. While Abbvie argued that the patent's invalidity would constitute its expiration for purposes of the licensing agreement, it did not seek a declaration as to the contract's interpretation.

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