DOJ Backs AbbVie At 7th Circ. In 'Patent Thicket' Case

Law360 (January 4, 2021, 6:33 PM EST) -- The U.S. Department of Justice has thrown its weight behind AbbVie at the Seventh Circuit as Humira buyers look to revive their suit accusing the drugmaker of employing a "patent thicket" and other tactics to insulate its blockbuster immunosuppressant from competition.

The DOJ's antitrust division filed an amicus brief on Dec. 28 attacking the buyers' allegations that AbbVie illegally maintained its monopoly position, in part by amassing hundreds of patents covering the drug. The brief contended that such a theory would make it an antitrust violation for companies to secure large patent portfolios, "a result contrary to antitrust law and patent...

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