How AbbVie and Humira Avoided 'Pay for Delay' Finding
The company's agreement to trade biosimilar competitors' earlier market entry in Europe for lengthier exclusivity in the U.S. does not run afoul of the Supreme Court's Actavis decision, U.S. District Judge Manish Shah ruled Monday.
June 08, 2020 at 08:20 PM
3 minute read
James Hurst, Kirkland & Ellis (Photo: Todd Winters)
The notorious 100-plus patent thicket that AbbVie Inc. planted around biologic drug Humira—and the company's deals with competitors to enter the market—do not run afoul of federal antitrust laws.
So ruled U.S. District Judge Manish Shah of the Northern District of Illinois in what's being called the first decision on "pay to delay" allegations in the biosimilar market.
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