Biogen Says Fed. Circ. Patent Ax Ruling 'Breaks New Ground'

Law360 (October 28, 2020, 10:26 PM EDT) -- Biogen asked the full Federal Circuit on Wednesday to revisit a panel decision that revived a jury verdict invalidating claims of a patent covering Biogen's blockbuster multiple sclerosis treatment Avonex, saying that the ruling "breaks new ground in a startling direction."

In an 18-page rehearing petition, Biogen said that a Federal Circuit panel in September incorrectly overturned a New Jersey federal judge's reversal of a jury verdict, which found part of Biogen's patent for Avonex was invalid for being anticipated by prior art.

Biogen said that the panel ran afoul circuit precedent when it compared the "abstract" amino acid sequence, instead...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms


Government Agencies

Judge Analytics

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!