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The U.S. International Trade Commission agreed to investigate whether two companies misappropriated trade secrets in connection with plans to eventually market a biosimilar version of Humira, a best-selling biologic medicine sold by AbbVie (ABBV) for treating rheumatoid arthritis and other ailments.

The decision follows a complaint filed last month by AbbVie, which is bracing for a clutch of biosimilar competitors next year and which hopes to thwart Alvotech and its partner, Teva Pharmaceuticals (TEVA), from selling a version of Humira even sooner. Alvotech is awaiting regulatory approval for its drug after pandemic travel restrictions delayed plant inspections by the Food and Drug Administration.

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The issue over trade secrets emerged last year when AbbVie filed a lawsuit accusing Alvotech of recruiting an employee who allegedly provided confidential documents after changing jobs. A federal court judge dismissed the case, but only on jurisdiction issues. AbbVie is appealing, but then took its case to the ITC and argued that Alvotech should not be allowed to market its version once it is approved.

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