AbbVie Allegations of Trade Secret Misappropriation by Alvotech hf.

Earlier this year, AbbVie Inc. and AbbVie Biotechnology Ltd. filed a Complaint against Alvotech hf. in the US District Court for the Northern District of Illinois alleging theft of trade secrets relating to adalimumab.  In October, AbbVie’s complaint was dismissed for lack of personal jurisdiction.  AbbVie has appealed that ruling.

In addition to appealing the Northern District of Illinois ruling, on December 17, 2021, Complainants AbbVie Inc., AbbVie Biotechnology Ltd. and AbbVie Operations Singapore Pte. Ltd. filed a Complaint and related papers at the U.S. International Trade Commission (ITC) against Proposed Respondents Alvotech hf., Alvotech Germany GmbH, Alvotech Swiss AG, Alvotech USA Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc., and Ivers-Lee AG., requesting that the ITC investigate alleged theft of trade secrets relating to adalimumab and seeking to exclude importation of adalimumab by Proposed Respondents.

With regard to the ITC action, STAT+ (subscription required) quoted Alvotech chairman and founder Robert Wessman as stating the following:  “This action by AbbVie, which repackages the meritless allegations from a case that was thrown out of court earlier this year, is a sign of AbbVie’s weakness and concern that Alvotech’s efforts to bring a lower-cost offering to market will expose AbbVie’s long-standing abuse of the patent/legal system.”