Analysis

7th Circ. To Crawl Into Humira 'Patent Thicket' Dispute

Law360 (February 23, 2021, 6:58 PM EST) -- The Seventh Circuit could dramatically affect the intellectual property landscape for biologic drugs after hearing oral arguments on Thursday from Humira buyers accusing AbbVie of wrongly employing a "patent thicket" to insulate its blockbuster immunosuppressant from competition.

Many antitrust professionals and academics say the case could determine whether the court blesses safeguards that AbbVie Inc. has employed to protect its lock on the world's best-selling drug or makes it easier to bring competing "biosimilars" to market.

The case, they say, will turn on two key factors: whether the Seventh Circuit upholds the massive thicket of more than 130 patents AbbVie has...

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