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What The AbbVie Decision Says About Sham Patent Cases

Law360 (July 3, 2018, 5:07 PM EDT) -- The decision last Friday by Judge Harvey Bartle of the United States District Court for the Eastern District of Pennsylvania — holding that AbbVie Inc. and its partner Besins Healthcare Inc. blocked the market entry of a generic competitor and ordering the companies to disgorge $448 million in profits — is likely to have significant effects on antitrust cases challenging patent litigations as shams and how they are litigated.

The decision was issued following a bench trial in the Federal Trade Commission’s suit against AbbVie Inc.,...
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