Litigation Update: AbbVie v. Alvotech hf (Adalimumab)

We have previously reported on AbbVie’s first and second wave suits against Alvotech hf (Alvotech) in the Northern District of Illinois regarding an adalimumab biosimilar.  In the first wave suit, on October 5, 2021 AbbVie moved to dismiss Alvotech’s counterclaims and affirmative defenses of inequitable conduct, unclean hands, and patent misuse.  Alvotech filed its opposition on November 5, 2021, and AbbVie filed its reply on November 19, 2021.  AbbVie’s motion remains pending before the Court.

In the second wave suit, like it had in the first wave suit, Alvotech hf (Alvotech) moved to dismiss AbbVie’s complaint under Rules 12(b)(1), 12(b)(2), 12(b)(6) and 12(b)(7) for lack of subject matter jurisdiction, lack of personal jurisdiction, failure to state a claim, and failure to join a necessary party, respectively.  The Court previously denied Alvotech’s motion in the first wave suit.  In the second wave suit, Alvotech’s motion to dismiss remained pending when, on November 12, 2021, AbbVie filed a First Amended Complaint.  On December 3, 2021, Alvotech filed in the second wave suit a Renewed Rule 12(b)(1), 12(b)(2), 12(b)(6) and 12(b)(7) motion to dismiss stating that:  “In this case, the Court has not ruled on Alvotech hf.’s original Motion to Dismiss.  …  Thus, Alvotech hf. files the instant renewed motion to preserve its rights.”  Alvotech’s renewed motion to dismiss incorporates by reference the arguments made in support of Alvotech’s motion to dismiss the original complaint in the second wave suit.