AbbVie Must Produce ‘Sham’ Patent Suit Records to Antitrust Foes

July 21, 2023, 11:30 PM UTC

AbbVie Inc. must disclose a host of privileged documents to direct-purchase wholesalers in an antitrust clash, a Pennsylvania federal judge said, finding it’s “reasonable to infer” from privately shared evidence that “an improper motive” drove its 2011 patent-infringement suit over an AndroGel copy.

Judge Harvey Bartle III, in an opinion issued Thursday in the US District Court for the Eastern District of Pennsylvania, ordered AbbVie and Besins Healthcare Inc., its AndroGel partner, to give 19 documents to the plaintiffs—AmerisourceBergen Corp., Cardinal Health Inc., and McKesson Corp., among other drug distributors—after reviewing 161 documents in his chambers.

The judge found ...

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