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.