Biogen Can't Block Mylan MS Drug Launch During IP Appeal

Law360 (July 30, 2020, 3:01 PM EDT) -- The Federal Circuit on Thursday paved the way for Mylan to launch its forthcoming generic version of Biogen's top-selling multiple sclerosis drug Tecfidera while Biogen appeals the invalidation of a patent covering the drug.

The court shot down Biogen International GmbH's request for an injunction that would have kept Mylan Pharmaceuticals Inc. off the market until the appeal is settled. The Federal Circuit outlined the factors it considered — including likelihood of success and irreparable harm — but did not include its analysis of them in the order.

"Without prejudicing the ultimate disposition of this case by a merits panel, we...

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