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# WLF Urges 7th Circuit to Uphold Innovation Decision
- URL: https://www.fdaweb.com/wlf-urges-7th-circuit-to-uphold-innovation-decision/
- Published: 2021-01-04T12:00:00.000Z
- Updated: 2026-09-14T16:41:02.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5148361

Washington Legal Foundation (WLF) has submitted an *amicus* brief urging the 7th Circuit Court of Appeals to affirm an Illinois federal court decision in a case involving drug patents under antitrust law. A WLF [statement](https://www.wlf.org/2020/12/28/uncategorized/wlf-urges-seventh-circuit-to-promote-pharmaceutical-innovation/?ref=fdaweb.com) says *UCFW Local 1500 Welfare Fund v. AbbVie* challenges a settlement between AbbVie and several biosimilar manufacturers accused by AbbVie of infringing its Humira patents.

The parties settled the AbbVie suit by allowing the biosimilar manufacturers to enter the European market in 2018 and the U.S. market in 2023, before the expiration of the Humira patents.

The Welfare Fund suit against AbbVie claimed the settlement was an illegal reverse payment and said that AbbVie engaged in monopolization by asserting its patent portfolio against the other manufacturers.

WLF says the district court rejected the antitrust claims, holding that **(1)** global patent settlements do not violate antitrust law and **(2)** asserting valid patent claims also does not violate the law.