A New Antitrust Approach After Humira 'Patent Thicket' Ruling

Law360 (June 26, 2020, 2:01 PM EDT) -- The U.S. District Court for the Northern District of Illinois recently found in the Humira antitrust litigation that AbbVie Inc.'s so-called patent thicket surrounding its Humira product does not violate the antitrust laws,[1] raising questions about what conduct is anti-competitive in the pharmaceutical industry.

And the problem is potentially exacerbated where the product in question is a biological drug or device, where the stakes, and profits associated with the product, are much higher. In view of the Humira decision, parties concerned with the potential anti-competitive conduct of a biologic reference product sponsor should reframe their analysis.

Focus on specific conduct; the...

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