AbbVie Inc.’s 2011 patent-infringement suit over Perrigo Co.’s proposed copy of its blockbuster testosterone booster AndroGel 1% “was objectively baseless,” a federal judge ruled, granting a group of direct purchasers’ bid for partial judgment in their antitrust case over the unavailability of cheaper versions.
The plaintiffs—AmerisourceBergen Corp., Cardinal Health Inc., McKesson Corp., and a host of other drug distributors—are direct-purchase wholesalers that allege AbbVie used “sham litigation” to block lower-priced generic forms of AndroGel.
Judge Harvey Bartle III last March gave AbbVie another shot at arguing that its Perrigo suit was legitimate after he previously ...
