The U.S. District Court for the Northern District of Illinois Dismisses Antitrust Case Challenging Patent Thicket (Humira)
e-Competitions (No. 96364, Sept. 2020)
7 Pages Posted: 10 Sep 2020 Last revised: 28 Nov 2020
Date Written: August 20, 2020
Whether behavior relating to a patent thicket presents an antitrust issue is a nuanced question. But a recent ruling involving the biologic Humira shows how not to decide these issues. This short piece discusses the court’s opinion and highlights its errors analyzing sham behavior, patent settlements, and antitrust injury.
Keywords: antitrust, patent thicket, settlement, sham, injury, Humira
JEL Classification: I18, K21, L40, L41, L43, L65, O34, O38
Suggested Citation: Suggested Citation