The U.S. District Court for the Northern District of Illinois Dismisses Antitrust Case Challenging Patent Thicket (Humira)
e-Competitions (No. 96364, Sept. 2020)
7 Pages Posted: 10 Sep 2020 Last revised: 28 Nov 2020
Date Written: August 20, 2020
Abstract
Whether behavior relating to a patent thicket presents an antitrust issue is a nuanced question. But a recent ruling involving the biologic Humira shows how not to decide these issues. This short piece discusses the court’s opinion and highlights its errors analyzing sham behavior, patent settlements, and antitrust injury.
Keywords: antitrust, patent thicket, settlement, sham, injury, Humira
JEL Classification: I18, K21, L40, L41, L43, L65, O34, O38
Suggested Citation: Suggested Citation
Carrier, Michael A., The U.S. District Court for the Northern District of Illinois Dismisses Antitrust Case Challenging Patent Thicket (Humira) (August 20, 2020). e-Competitions (No. 96364, Sept. 2020), Available at SSRN: https://ssrn.com/abstract=3678198
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.