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Law360: AbbVie Beats Antitrust Challenge To Humira ‘Patent Thicket’June 08, 2020
O’Melveny antitrust and competition co-chair Ian Simmons is quoted in this article discussing the successful defense of Samsung Bioepis in a novel antitrust lawsuit over the purchase of AbbVie’s drug, Humira. An Illinois federal judge ruled to dismiss the drug buyers’ claims that AbbVie illegally created a “patent thicket” around Humira by using invalid, unenforceable or noninfringed patents, the publication reported. In an email to Law360, Simmons stated he and his client were pleased that Judge Shah did not let the Humira purchasers’ lengthy and detailed complaint “detract from the need to map that length and detail to the controlling legal standards that govern the antitrust analysis of the exercise of intellectual property rights.”
Law360 subscribers can read the full article here.