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...

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