04 August 2017
Reporter: Barney Dixon

Boehringer infringed 74 patents, says AbbVie

AbbVie has sued Boehringer Ingelheim for infringing 74 patents relating to its Humira arthritis medication.

In its lawsuit, filed in the US District Court for the District of Delaware on 2 August, AbbVie claimed that Boehringer desired to “reap the rewards of AbbVie’s innovation”.

AbbVie has been issued more than 100 patents for Humira.

Boehringer is attempting to secure a biosimilar version of the Humira medication, but AbbVie said “while the Biosimilar Price Competition and Innovation Act (BPCIA) gives Boehringer an abbreviated regulatory pathway for its biosimilar version of Humira, it does not give Boehringer licence to infringe AbbVie’s patents”.

The BPCIA gave Boehringer the ability to limit the amount of patents that AbbVie can bring in the lawsuit down to eight.

AbbVie warned that when Boehringer provides its 180-day Notice of Commercial Marketing, AbbVie will assert the remaining 66 patents in a second wave of litigation.

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Restasis patents invalidated at Texas court
17 October 2017 | Texas | Reporter: Barney Dixon
Four patents relating to Allergan’s Restasis dry eye treatment have been invalidated by a US court, despite the pharmaceutical company’s patent transfer agreement with the Saint Regis Mohawk Tribe
Businesses should prepare for UPC, despite uncertainty
17 October 2017 | London | Reporter: Barney Dixon
Businesses should make preparations for the Unified Patent Court and unitary patent, despite mounting uncertainty surrounding when, if at all, the court will come into effect
Patent ‘irrationality’ causes a negative image of patents
16 October 2017 | London | Reporter: Barney Dixon
Spectators are far more accepting of copyright and trademarks than they are of patents because of “irrationality”, according to Sir Robin Jacob
Partner promotions at White & Case
13 October 2017 | New York | Reporter: Barney Dixon
White & Case has promoted 31 new partners, including four intellectual property attorneys, across the US and UK
Qualcomm hit with $775 million fine in Taiwan
13 October 2017 | Taipei | Reporter: Barney Dixon
Qualcomm has been hit with a $775 million fine, after the Taiwan Fair Trade Commission found that the chipmaker had abused its position in the baseband chip market
SUEPO willing to work with new EPO president
12 October 2017 | Munich | Reporter: Barney Dixon
A source close to the Staff Union of the European Patent Office has revealed it is always willing to work with whoever is elected to lead the European Patent Office
BPTO and EPO sign PPH cooperation treaty
12 October 2017 | São Paulo | Reporter: Barney Dixon
The Brazilian Patent and Trademark Office and the European Patent Office have signed a cooperation treaty, aimed at the creation of a patent prosecution highway between the two offices