W.Va. Ax Of Biogen MS Drug Patent Binds Del. Litigation

Law360 (September 16, 2020, 8:57 PM EDT) -- A Delaware federal judge on Wednesday said she's bound by a June decision from West Virginia invalidating a patent covering Biogen's blockbuster multiple sclerosis drug Tecfidera, even though she presided over a trial on the patent's validity in December.

U.S. District Judge Maryellen Noreika said the sole question at trial — whether U.S. Patent No. 8,399,514 is invalid — is now barred by the doctrine of collateral estoppel. The ruling is part of a series of blows to Biogen, which through this invalidation, lost eight years of market exclusivity on the drug that makes up nearly half of its revenue.

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