AbbVie and Boehringer Ingelheim Settle Adalimumab Biosimilar Patent Disputes

Today, AbbVie and Boehringer Ingelheim (“BI”) announced that they reached a resolution of all intellectual property-related litigation concerning BI’s proposed biosimilar Cyltezo® (adalimumab-adbm).  According to the press releases, AbbVie has granted BI a non-exclusive license to AbbVie’s intellectual property relating to adalimumab in the United States.  All U.S. litigation pending between the parties will be dismissed.  BI’s license will begin on July 1, 2023.  According to AbbVie, “BI will pay royalties to AbbVie for licensing its Humira® patents and acknowledges the validity and enforceability of the licensed patents.”

This is the ninth patent license agreement into which AbbVie has entered to authorize a biosimilar of Humira® in the United States and resolves the last pending HUMIRA-related patent litigation in the U.S.  AbbVie has now authorized the following U.S. license dates:

  1. Amgen: January 31, 2023
  2. Samsung Bioepis: June 30, 2023
  3. BI: July 1, 2023
  4. Mylan: July 31, 2023
  5. Fresenius Kabi: September 30, 2023
  6. Sandoz: September 30, 2023
  7. Momenta: November 20, 2023
  8. Pfizer: November 20, 2023
  9. Coherus: December 15, 2023