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Acquisition of large patent portfolios not anticompetitive, says US DOJ

( December 28, 2020, 22:13 GMT | Official Statement) -- MLex Summary: The US Department of Justice filed a brief urging an appeals court to exclude AbbVie’s patent procurement from its alleged anticompetitive conduct when assessing the adequacy of antitrust claims filed against it over generic Humana. Plaintiffs claim the company maintained a monopoly by, among other conduct, filing hundreds of patent applications and thereby amassing a “patent thicket.” “Through this aspect of their theory, plaintiffs effectively would attach antitrust liability to the procurement of a large portfolio of patents, a result contrary to antitrust law and patent law,” the DOJ said.See document below. ...

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