Chamber, Drugmakers Back AbbVie In $448M FTC Fine Appeal

Law360 (June 13, 2019, 9:08 PM EDT) -- Drugmakers and the U.S. Chamber of Commerce urged the Third Circuit on Wednesday to overturn a ruling that slammed AndroGel maker AbbVie with $448 million in penalties for bringing “sham” patent suits to slow down generic competitors, arguing that the Pennsylvania federal judge on the case made it harder to file legitimate patent defenses.

In three amicus briefs, Amgen Inc., the U.S. Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America argued that the Federal Trade Commission’s case against AbbVie Inc. made it too easy to label drug patent defense cases “baseless” or “sham” litigation for anti-competitive purposes, especially...

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