Blog Big Molecule Watch February 24, 2022

AbbVie Moves to Strike Alvotech’s Final Invalidity and Unenforceability Contentions

On February 18, 2022, in the first and second wave suits filed by AbbVie Inc. et al. (AbbVie) against Alvotech hf. (Alvotech) regarding an adalimumab biosimilar, AbbVie filed a motion to strike Alvotech’s Final Invalidity and Unenforceability Contentions and a memorandum in support thereof.

AbbVie moved the Court to strike Alvotech’s Final Invalidity Contentions and require Alvotech to serve, within a week of an Order striking the original contentions, modified contentions that (a) include no more than 25 total prior art references; (b) remove the grounds and references cited for patents that AbbVie alleges were not in Alvotech’s Initial Invalidity Contentions; and (c) remove inequitable conduct allegations against two patents and misuse allegations against four patents because AbbVie contends those allegations are new and were not made in Alvotech’s pleadings.  AbbVie also requested that the deadline for its Final Validity and Enforceability Contentions be reset to three weeks after Alvotech serves its modified Final Invalidity and Unenforceability contentions.

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