Boehringer has infringed 74 Humira patents, claims AbbVie
Boehringer Ingelheim has infringed 74 of AbbVie’s patents relating to arthritis medication Humira (adalimumab), AbbVie has alleged.
The company filed a lawsuit at the US District Court for the District of Delaware yesterday, August 2.
“This is an action for patent infringement arising from the desire of Boehringer to reap the rewards of AbbVie’s innovation,” said the claim.
More than 100 patents have been issued in the US concerning biologic drug Humira, claimed AbbVie, and Boehringer has infringed 74 of these, but the claim only involves eight of them.
The Biologics Price Competition and Innovation Act provided Boehringer with the ability to cap the number of patents at issue in this suit, rather than “litigate all of AbbVie’s patents efficiently in a single wave and without delay”, according to AbbVie.
Although AbbVie can only assert the eight patents, if Boehringer provides its 180-day notice of commercial marketing, AbbVie will have the opportunity to assert the remainder of the patents.
AbbVie is the holder of Biologic License Application number 125057 for Humira.
Boehringer is seeking approval for its biosimilar adalimumab product BI 695501, said the suit.
It added: “Boehringer has chosen to allow AbbVie to bring this lawsuit on only eight of AbbVie’s 74 patents at this time. While Boehringer can delay justice, it cannot prevent it.”
AbbVie is seeking injunctive relief, attorneys’ fees and costs, and other relief that the court deems just and proper.
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