AbbVie Androgel ‘Sham’ Patent Fight Turned Away By Supreme Court

June 21, 2021, 1:39 PM UTC

The Supreme Court has turned down AbbVie Inc.'s request to step into a fight with the Federal Trade Commission over whether the drugmaker violated antitrust law when it sued a rival to block generic competition.

The FTC sued AbbVie in 2014 for allegedly using “sham” patent infringement litigation to block Perrigo Inc. from producing a generic version of the testosterone drug AndroGel. A district court and the U.S. Court of Appeals for the Third Circuit both ruled in the FTC’s favor.

The drugmaker appealed to the Supreme Court, alleging the decision set “dangerous precedent” for patent rights and the ...

Learn more about Bloomberg Law or Log In to keep reading:

See Breaking News in Context

Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.

Already a subscriber?

Log in to keep reading or access research tools and resources.