Profs, Orgs Tell Justices To Review Sham Litigation Exception
By Tiffany Hu (April 20, 2021, 5:59 PM EDT) -- The U.S. Chamber of Commerce, patent law professors and trade groups are all urging the U.S. Supreme Court to take up AbbVie's appeal of a Third Circuit ruling that the drugmaker delayed generic versions of its testosterone treatment AndroGel through sham litigation.
In separate amicus briefs filed Monday, the groups back AbbVie's petition for a writ of certiorari in which AbbVie and other drugmakers argued that the Third Circuit's September ruling "effectively nullifies" the subjective motivation prong of the Noerr-Pennington doctrine's "sham litigation" exception.
The doctrine shields private companies from antitrust liability when petitioning the government to act, but this immunity disappears...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!