The many discovery disputes between AbbVie and Boehringer
Ingelheim ("BI") over BI's biosimilar of HUMIRA®
(adalimumab) in the Delaware District Court are providing insight
on the bounds of discovery in Biologics Price Competition and
Innovation Act ("BPCIA") litigation. Below, we discuss
some of the key discovery motions and rulings in AbbVie v.
Boehringer (1:17-cv-01065, D. Del.) and illustrate how they
provide guidance to other BPCIA litigants.
I. BI's Discovery Efforts
Over the past several months, BI has filed at least six motions
to compel production of a broad range of documents, in addition to
motions to enforce discovery orders. Despite AbbVie's
resistance, BI has succeeded, at least in part, in obtaining such
discovery.
