Fed. Circ. Backs Decision Axing 4 Acorda MS Drug Patents

By Ryan Davis (September 10, 2018, 9:01 PM EDT) -- A split Federal Circuit panel on Monday upheld a judge's decision that four patents on Acorda Therapeutics Inc.'s multiple sclerosis drug Ampyra are invalid as obvious, clearing the way for competing generic versions and putting the drug's over $500 million in annual sales in jeopardy.

The appeals court held 2-1 that Chief Judge Leonard Stark of the District of Delaware was correct when he ruled last year that Acorda's claimed method of improving the ability of multiple sclerosis patients to walk would be obvious to person skilled in the art.

"In light of the record evidence, the district court did not...

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