BRIEF—AbbVie settles patent dispute with Fresenius Kabi

18 October 2018

US drugmaker AbbVie today announced global resolution of all intellectual property-related litigation with Fresenius Kabi over its proposed biosimilar adalimumab product.

Under the terms of the settlement agreements, AbbVie will grant to Fresenius Kabi a non-exclusive license to AbbVie's intellectual property relating to Humira (adalimumab) beginning on certain dates in certain countries where AbbVie has intellectual property:

  • In the USA, the Fresenius Kabi license period will begin on September 30, 2023 and will not be accelerated by the entry of companies who have already taken a license.
  • In the European Union, Fresenius Kabi can launch upon approval from the European Medicines Agency.

Fresenius Kabi will pay royalties to AbbVie for licensing its Humira patents and acknowledges the validity of the licensed patents.

AbbVie will make no payments to Fresenius Kabi.

The precise terms are confidential between the parties.

All litigation pending between the parties will be dismissed.

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