AbbVie Inc. v. FTC

U.S. Supreme Court

Question(s) Presented

Whether the subjective element of the “sham litigation” exception to Noerr-Pennington immunity may be met by an inference from a finding that a challenged lawsuit was objectively baseless, even without evidence that the antitrust defendant actually believed the suit lacked merit or was indifferent to the outcome.

Tab Group

Petition Stage

Cert. petition denied

June 21, 2021

U.S. Chamber files amicus brief to clarify application of Noer-Pennington immunity and to reinforce the First Amendment right to petition the government for redress of grievances

April 19, 2021

Click here to view the brief. Ilana H. Eisenstein, Adam Pierson, Justin R. Sarno, Rachel A. H. Horton, Danielle T. Morrison of DLA Piper LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber. Previously, the U.S. Chamber filed an amicus brief when this brief was before the Third Circuit.

Case Documents

Opinion -- FTC v. AbbVie, Inc. (Third Circuit).pdf

U.S. Chamber Amicus Brief -- AbbVie Inc. v. FTC (U.S. Supreme Court).pdf