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AbbVie Asks High Court to Review AndroGel ‘Sham Litigation’ Case

March 19, 2021, 5:55 PM

AbbVie Inc. has asked the U.S. Supreme Court to absolve it of Federal Trade Commission claims that it stifled competition from rivals looking to roll out generic versions of its testosterone booster AndroGel by battering them with “sham” patent infringement cases.

Two lower courts set “a dangerous precedent that threatens to curtail the First Amendment” and “erode patent rights” when they ruled that the weakness of AbbVie’s patent lawsuits was proof the company brought them for improper reasons, the drugmaker says in its petition.

It challenges a decision by the U.S. Court of Appeals for the Third Circuit affirming AbbVie’s ...

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