Does AbbVie Have 'Unclean Hands' From Building Humira Patent Thicket? Judge Allows Discovery

Magistrate judge says Boehringer's theory 'may or may not be viable' as an infringement defense; permits third party subpoenas for information on clinical trials.

Patents concept words. Folder concept. Ring binders.

Boehringer Ingelheim GMBH is trying to cut down AbbVie Inc.'s thicket of Humira (adalimumab) patents by claiming they were obtained to improperly delay biosimilar competition.

As a defense to AbbVie's infringement suit, BI contends that AbbVie has "unclean hands" from amassing so many patents. Under the "unclean hands" doctrine, a plaintiff is precluded from relief if it engaged in wrongdoing

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