Fed. Circ. Revives Jury Ax Of Biogen MS Drug Patent

Law360 (September 28, 2020, 5:06 PM EDT) -- A New Jersey federal judge shouldn't have overridden a jury verdict invalidating claims of a Biogen patent covering the blockbuster multiple sclerosis treatment Avonex, the Federal Circuit said Monday.

The three-judge panel reversed U.S. District Judge Claire C. Cecchi's 2018 judgment holding that U.S. Patent No. 7,588,755 wasn't anticipated by prior art. The precedential ruling is a victory for Merck KGaA unit EMD Serono Inc. and Pfizer Inc., which had been accused of infringing the patent with their competing MS drug, Rebif.

"Because a reasonable jury could find the claims of the '755 patent anticipated on the record presented in this case,...

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