FTC, State AGs Say Humira Judge Botched Actavis Reading

Law360 (October 14, 2020, 4:39 PM EDT) -- The Federal Trade Commission and a group of state attorneys general are urging the Seventh Circuit to address mistakes they say a district court made in tossing a lawsuit claiming AbbVie built an anti-competitive "patent thicket" around its blockbuster immunosuppressant Humira to keep cheaper biosimilars from the market.

In separate amicus briefs on Tuesday, the FTC and the enforcers from 20 states took aim at U.S. District Judge Manish Shah's application of the U.S. Supreme Court's landmark decision in FTC v. Actavis Inc., which said so-called pay-for-delay or reverse payment settlements staving off generic competition could be anti-competitive in some circumstances....

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