When does a pile of sand become a heap? When is a portfolio of patents too many patents? Can using too many patents to compel generics to take a later entry date turn into monopolistic conduct? These questions lurk the heart of the antitrust litigation brought by buyers of the blockbuster drug, Humira®, against its manufacturer, AbbVie ($ABBV). The case is currently pending within the Northern District of Illinois (In Re: Humira (Adalimumab) Antitrust Litigation, No. 19-cv-1873 (N.D. Ill.)). We previously blogged about related allegations before the case was filed when Boehringer Ingelheim raised them within its biosimilar litigation against AbbVie. On June 8, 2020, the Illinois federal court dismissed the antitrust action pursuant to AbbVie’s motion to dismiss. What are the takeaways from the case?
Read MoreOn January 18, the District Court in Delaware issued an opinion resolving multiple summary judgment motions filed by both parties. The key takeaway from that decision is that the case is now teed-up for trial beginning on February 19. But the Court didi highlight some key issues likely to be the focus of the trial.
Read MoreThe anti-CGRP market is heating. Amgen’s ($AMGN) Aimovig® received FDA approval in May 2018, and Teva’s ($TEVA) Ajovy® received approval in September. Hot on their heels, Eli Lilly’s ($LLY) Emgality® just received FDA approval at the end of September. The drugs will all be sold for essentially the same price of $6900 / year. Given the tight competition, can Teva use its patents to kick anyone off the market?
Read MoreThe biosimilars are biting. And they are biting at three big biologics distributed by Roche through its biotech subsidiary, Genentech. Roche currently faces pending biosimilar competition against Avastin® (bevacizumab), Roche’s biggest selling cancer drug, Herceptin® (trastuzmab), Roche’s breast-cancer drug, and Rituxan® (rituximab), Roche’s immunotherapy drug. All three drugs are involved in patent litigations. How long will these cases last? And how long can Roche keep the biosimilars out?
Read MoreThe parties recently filed a report that appears to identify what the September trial will focus on, but it was filed under seal, which leaves investors in the dark.
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