Analysis

'Groundbreaking' AbbVie Suits Test Bold Anti-Generic Tactics

Law360 (March 27, 2019, 8:43 PM EDT) -- A trio of trailblazing antitrust lawsuits targeting AbbVie Inc. will force a day of reckoning for some of Big Pharma's most audacious and controversial maneuvers to delay generic and biosimilar competition, experts say.

Three proposed class actions filed in quick succession last week accuse Illinois-based AbbVie of illegally shielding its immunosuppressant Humira — the world's best-selling drug — with a gnarly "thicket" of more than 100 overlapping and unoriginal patents. That accusation raises the remarkable prospect of a court concluding that amassing too much flimsy intellectual property is anticompetitive.

Making matters more dramatic, the suits also allege unlawful "pay-for-delay" agreements to...

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