More Discovery Rulings in AbbVie v. BI

We previously reported on discovery disputes in the adalimumab litigation between AbbVie and Boehringer Ingelheim (BI) pending before the District of Delaware.  Earlier this month, Judge Lloret issued an order on additional discovery motions filed by the parties.  Taking into account standards under the Federal Rules, “that the amount in controversy is likely billions of dollars, and [that] the parties’ resources are abundant,” Judge Lloret ruled, among things:

  1. AbbVie must produce to BI contentions from its prior adalimumab litigation against Amgen, as well as AbbVie’s settlement agreements concerning adalimumab.
  2. BI must update an interrogatory response to specify all facts and documents on which it will rely in support of its unclean hands defense.  If it does not, BI risks exclusion of that evidence from consideration by the court either on summary judgment or at trial.
  3. AbbVie’s request for discovery concerning BI’s work on biologic products other than adalimumab, such as BI’s “experience as a contract manufacturer of Amgen’s product, Enbrel,” is denied.

Under the order, the parties were to submit a status report to the court by September 15, 2018 concerning the status of the parties’ efforts to resolve certain other disputes.  No further status report has yet been filed on the public docket.