On June 8, 2020, Judge Manish Shah of the United States District Court of the Northern District of Illinois dismissed a complaint alleging a novel “patent thicket” monopolization claim under Section 2 of the Sherman Act and a geographic market allocation “pay-for-delay” claim under Sherman Act Section 1 challenging AbbVie’s settlement of patent litigation claims involving its blockbuster rheumatoid arthritis biologic drug, Humira, and several of its biosimilar Humira patent challengers. The decision has important implications for companies in the biologic space as well as patent holders in other industries that have amassed significant patent portfolios.
To read the full client alert, Court Dismisses In Re Humira Antitrust Suit Against AbbVie, Including Early-Entry Reverse Payment and “Patent Thicket” Allegations, please click here.
