On May 28, AbbVie brought a second action in the Northern District of Illinois for patent infringement against Alvotech hf. under the BPCIA in connection with Alvotech’s proposed biosimilar version of HUMIRA® (adalimumab). AbbVie’s first action was brought in the Northern District of Illinois on April 27, 2021. We previously reported on Alvotech’s complaint (Alvotech USA and Alvotech hf.) brought in the Eastern District of Virginia on May 11, 2021 filing a declaratory judgment action on four of 62 patents asserted against them by AbbVie.
In this second action, AbbVie argues that Alvotech hf.’s notice of commercial marketing provided the same day it filed a declaratory judgment in the Eastern District of Virginia “indicates that Alvotech may attempt to market its biosimilar version of HUMIRA® at-risk before resolution of AbbVie’s related patent infringement action in this District,” and therefore, under the BPCIA “triggers this declaratory judgment action so AbbVie can enforce the 58 patents that Alvotech declined to litigate in both the related action in this District and its improper declaratory judgment action in the Eastern District of Virginia.”