Split Fed. Circ. Upholds Mylan's Win In Axing Tecfidera Patent

By Dani Kass (November 30, 2021, 8:19 PM EST) -- A West Virginia federal judge rightfully invalidated a patent covering Biogen's blockbuster multiple sclerosis drug Tecfidera, negating the need to see whether the Patent Trial and Appeal Board should have done so as well, the Federal Circuit said Tuesday.

Nearly a year after oral arguments, the appeals court issued a 2-1 precedential opinion upholding U.S. District Judge Irene M. Keeley's patent invalidation based on written description concerns — its second major written description opinion in a week. The panel on Tuesday also released a unanimous nonprecedential decision saying it's now unnecessary to determine whether the PTAB should have found the same patent invalid...

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