Balancing Hatch Waxman and the Sham Litigation Exception
By EsqSocial Corporation 29/04/21
As previously reported on March 31, 2021, AbbVie Inc. has petitioned the U.S. Supreme Court for a writ of certiorari to review the Third Circuit’s ruling determining the biopharma company’s patent infringement suit was a sham litigation. Petitioners argue the Third Circuit’s decision effectively nullifies the subjective prong of the Noerr-Pennington doctrine’s sham litigation exception. The Noerr-Pennington doctrine allows litigants to petition the government for redress of grievances, including...
By: Kilpatrick Townsend & Stockton LLP