ITC Investigates Antibody Drugs for Patent Infringement
Published Date: 11/21/2025
Notice
Summary
The U.S. International Trade Commission got a complaint about certain antibody drug products possibly breaking import rules. Companies involved include Abb Vie and ImmunoGen on one side, and ProfoundBio and Genmab on the other. The Commission wants your thoughts on how this might affect the public before deciding on actions like blocking imports or stopping sales, with a 60-day review period coming up.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
Possible import and sales ban for antibody drugs
A complaint filed November 18, 2025 by AbbVie Inc. and ImmunoGen (complainants) asks the Commission to issue a limited exclusion order, cease and desist orders, and impose a bond on certain antibody drug conjugates and components during the 60-day Presidential review period under 19 U.S.C. 1337. The complaint names respondents including ProfoundBio and Genmab and alleges unlawful importation, sale for importation, and sale within the United States after importation of the specified products.
Short public-comment window and filing rules
The Commission is soliciting public-interest comments on whether the requested remedial orders would affect public health and welfare, competition, U.S. production of like articles, and U.S. consumers, and it lists five specific points (use, health/safety/welfare concerns, U.S. replacement articles, replacement capacity, consumer impact). Written submissions on the public interest are due no later than close of business eight calendar days after the notice's publication; complainant may reply within three calendar days after initial submissions were due; submissions are limited to five pages and must be filed electronically via the Commission's EDIS system.
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