The Sham Litigation Exception after AbbVie - Is the Subjective Element a Sham?
JD Supra Law
OCTOBER 20, 2021
The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in 2011 against Teva and another generic supplier, Perrigo. Actavis, in violation of Section 5.
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