Justices Turn Away IP Cases Over MS Drug, Costly Prior Art

By Dani Kass (October 4, 2021, 5:42 PM EDT) -- The U.S. Supreme Court started off its new term Monday by denying four cases looking at a patent covering a blockbuster multiple sclerosis treatment, when prior art is considered publicly accessible, the Federal Circuit's one-line orders and whether prisoners can file patent litigation. Here's a brief look at these cases.

Unless otherwise stated, counsel or representatives for the companies didn't immediately respond to requests for comment Monday.

Biogen v. EMD Serono, 20-1604

Biogen filed its petition in May, challenging the Federal Circuit's finding that a patent covering its multiple sclerosis treatment Avonex was invalid as anticipated. The drugmaker had accused Pfizer and...

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