High Court Won't Hear Sham Litigation Exception Case

Law360 (June 21, 2021, 11:08 AM EDT) -- The U.S. Supreme Court won't review a Third Circuit ruling that AbbVie delayed generic versions of its testosterone treatment AndroGel through sham litigation.

The high court on Monday shot down a petition from AbbVie, Abbott Laboratories, Unimed Pharmaceuticals LLC and Besins Healthcare, which argued that the Third Circuit's decision "effectively nullifies" the subjective prong of the Noerr-Pennington doctrine's "sham litigation" exception.

That doctrine protects entities from liability when using litigation to enforce their rights, but the exception strips that immunity if an entity seeks intervention without intending to yield an official result, like launching a suit to harass a competitor....

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