AbbVie Humira Market Delay Allegations Draw Fire From Judges

Feb. 25, 2021, 7:44 PM

The Seventh Circuit is signaling that AbbVie Inc. didn’t run afoul of antitrust law or Supreme Court precedent by erecting a “patent thicket” that allegedly delayed a biosimilar version of its blockbuster Humira arthritis drug from hitting the U.S. market.

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit seemed skeptical of arguments from recent Humira purchasers that AbbVie wrongfully relied on a patent thicket containing invalid intellectual property to dissuade U.S. competition while cutting deals that allowed rivals to enter the European marketplace.

“Are you proposing to prove that every single one of the patents...

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