On Friday, October 22, 2021, Judge Raymond A. Jackson of the Eastern District of Virginia (E.D. Va.) transferred Alvotech USA and Alvotech hf.’s (jointly, “Alvotech”) declaratory judgment suit against AbbVie Inc. and AbbVie Biotechnology Ltd. (jointly, “AbbVie”) to the Northern District of Illinois (N.D. Ill.) and dismissed AbbVie’s pending motion to dismiss as moot.

As previously reported, on April 27, 2021, AbbVie filed suit against Alvotech hf. under the BPCIA in N.D. Ill., alleging that Alvotech hf.’s filing of a BLA infringed four of AbbVie’s patents.  On May 11, 2021 Alvotech filed a complaint against AbbVie in E.D. Va. seeking a declaratory judgment of non-infringement and invalidity.  Alvotech argued that AbbVie’s refusal to sue Alvotech USA was calculated to avoid litigating in E.D. Va. and amounted to misconduct.  On May 28, 2021, we further reported that AbbVie had brought a second BPCIA action in N.D. Ill. against Alvotech hf. seeking a declaratory judgment of infringement of 58 additional patents.  In June, AbbVie moved to dismiss, or in the alternative, to transfer Alvotech’s lawsuit in E.D. Va., arguing that it was duplicative of AbbVie’s suit in N.D. Ill.  Judge Jackson’s decision last Friday granted AbbVie’s motion to transfer and found its motion to dismiss moot.