AbbVie Tells 7th Circ. Asserting Rights Isn't 'Patent Thicket'

Law360 (December 23, 2020, 7:32 PM EST) -- AbbVie and other pharmaceutical companies are urging the Seventh Circuit to uphold their antitrust win in Humira buyers' suit over the drug's alleged "patent thicket," arguing that the buyers are challenging "run-of-the-mill" patent enforcement conduct the U.S. Supreme Court has already blessed.  

The pharmaceutical companies told the court on Monday that the Humira buyers' claim that AbbVie built a "patent thicket" around its blockbuster immunosuppressant drug and cut deals to keep would-be competitors from entering the market is "unprecedented, unsupported, and illogical," and that a lower court was right to dismiss them.  

"Accepting [the buyers'] novel theory would fundamentally...

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