Any way you look at it, AbbVie predecessor Abbott Laboratories made a bad decision when it sued generic drug maker Perrigo in 2011, as Perrigo geared up to bring a generic version of AbbVie’s testosterone replacement product AndroGel to market.
that AbbVie’s suit against Perrigo was an objectively baseless sham intended to preserve the company’s monopoly power.
An AbbVie spokesperson did not respond to my email. The company's outside counsel in the drug wholesalers' antitrust case, Munger, Tolles & Olson and Faegre Drinker Biddle & Reath, also did not respond to my query. Plaintiffs lawyers, including Berger Montague and Garwin Gerstein & Fisher, then sought access to about 200 privileged AbbVie documents under the crime-fraud exception. AbbVie argued that under Federal Circuit precedent, the crime fraud exception does not encompass sham litigation, but in March, Bartlethat 3rd Circuit precedent, not Federal Circuit precedent, applies to the wholesalers’ antitrust claims.
But by then, Westlaw had already processed the opinion and created a citation. As of Tuesday afternoon, the unredacted opinion remains available via Westlaw.
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